RUBEN MONTEIRO AND ROSHANE CHANNER SENTENCED IN LUTON AND LONDON CASE OF CHILD RAPE

In a disturbing case that has shocked the communities of Luton and London, two young men, Roshane Channer and Ruben Monteiro, both aged 21 at the time of the incident, were involved in the heinous assault of an 11-year-old girl. The assault took place in a block of flats located in Luton, Bedfordshire, last July, and the case has since garnered significant media attention due to the severity of the crime and the initial leniency of the sentencing.

Initially, in February, both Channer and Monteiro received sentences of just three years and four months after they admitted to raping the young girl. The judge at Luton Crown Court, Judge David Farrell QC, described their actions as 'abhorrent' but justified the relatively light sentence by stating that the girl was a 'willing participant' and appeared to be 14 years old, despite her being only 11. This reasoning was met with widespread criticism from advocacy groups and the public, who argued that the law clearly states children under 13 are incapable of giving legal consent to sexual activity.

Following the initial sentencing, the Attorney General, Dominic Grieve QC, challenged the adequacy of the punishment, asserting that the sentences were 'unduly lenient.' The case was then taken to the Court of Appeal in London, where three judges reviewed the case and ultimately agreed with the Attorney General. Today, they decided to more than double the sentences, raising them to seven years each. Additionally, both men will be registered as sex offenders for life, a measure that underscores the gravity of their crimes.

In a statement issued after the ruling, Mr. Grieve expressed his disapproval of the original sentences, emphasizing the brutality of the crime. He stated, 'This was a horrible case where two men, aged 20, raped an 11-year-old girl, whilst two other youths watched. A video recording of part of the incident was taken on a mobile phone, further adding to the anguish of the victim. I’m very pleased that the Court of Appeal has today given clear guidance in respect of sentencing sexual offences of this nature. The law is clear that children under the age of 13 are incapable of giving consent to sexual activity. I hope that today’s sentence sends out a strong message to anyone who commits terrible crimes such as these – that you can expect to spend a substantial time in prison.'

During the original trial, Judge Farrell acknowledged the heinous nature of the crimes but justified the lighter sentence by claiming the victim appeared to be a willing participant and looked at least 14. He stated that Channer had engaged in sexual intercourse with the girl while Monteiro committed another sexual act, which was classified as rape. The defendants claimed they believed the girl was much older than her actual age, asserting she looked at least 14. However, the court found that the defendants could not have reasonably believed she was older than 14, given the circumstances.

Lord Justice Pitchford, presiding over the appeal, emphasized that the offenders must have known the girl was a child and therefore incapable of consenting legally. He pointed out that they did not inquire about her age and that their actions demonstrated a reckless disregard for her vulnerability. The court highlighted that the only mitigating factor was the so-called 'willingness' of the girl, which was deemed insignificant given the exploitation involved. The court also noted that the harm inflicted on the victim would likely have long-lasting, possibly permanent, effects.

Legal guidelines under the Sexual Offences Act 2003 suggest that sentences for raping a child under 13 should range from 10 to 13 years, reflecting the seriousness of such crimes. The court's decision to increase the sentences aligns with these guidelines, reinforcing the message that such offenses warrant substantial punishment.

Supporting the appeal, Baljit Ubhey, chief crown prosecutor for Thames and Chiltern Crown Prosecution Service, expressed her support for the decision, stating, 'Roshane Channer and Ruben Monteiro took advantage of a very young girl and, although they pleaded guilty at the earliest opportunity, needed to be punished for their crime. The original sentences of 40 months imprisonment in no way reflected the severity or seriousness of their crime.'

In summary, this case underscores the importance of appropriate sentencing in cases involving the sexual exploitation of children. The initial leniency was challenged and ultimately overturned, sending a clear message that such crimes are taken very seriously by the justice system and that offenders will face significant consequences for their actions.