Girl says ‘I by no means mentioned yeah’ as boys age 12, 13 and 14 ‘took turns to rape her’
A teenage girl broke down in tears as she told jurors about an alleged rape by three boys in Rochdale – the defendants, who cannot be named for legal reasons, deny all charges
A girl allegedly raped by three boys aged 12, 13 and 14 broke down in tears as a trial jury heard her say: “I never said yeah.” Minshull Street Crown Court previously heard three boys ‘took it in turns’ to rape the then 13 year old girl in bushes. Part of the alleged attack was filmed on a mobile phone, jurors were previously told.
Footage was later ‘circulated amongst themselves’ and ‘others’, prosecutors said. The three boys, who cannot be named for legal reasons, deny the charges they face, reports the Manchester Evening News.
Two, now aged 15 and 16, are standing trial. The third, who was aged 12 at the time and is now 14, has been deemed unfit to stand trial, jurors were told on Tuesday (March 3).
The teenage girl, who also cannot be named for legal reasons, was attacked just off a footpath near the Newbold tram stop in Rochdale in February 2024, the Crown alleges.
“The prosecution say that they took it in turns and swapped positions,” prosecutor Kim Whittlestone previously told jurors. Ms Whittlestone said it was the prosecution’s case that the now 15 and 16-year-olds ‘are guilty of rape’ and that ‘they knew what consent meant’.
“You will hear in this case that as part of their defence they will say that she consented to some sexual activity and she instigated it,” the prosecutor added as the trial opened. “So, there can be no doubt that they knew what consent meant.”
The court heard how a friend accompanying the girl intervened to halt the unfolding situation. The now 15 and 16-year-olds fled from the scene, as previously disclosed to the jury.
The jury was informed that ‘some’ of the alleged incident was captured on a mobile phone. The prosecutor stated that the girl was ‘not asked if she consented to filming’.
“You will watch that footage, a short 10 second clip, but it will give you an insight into the attitude of the defendants,” Ms Whittlestone earlier informed the jury. “Later that night they circulated amongst themselves and to others that footage.”
On Thursday (March 5), as the trial progressed, a pre-recorded video was shown to the jury featuring the girl being cross examined by defence barristers and Ms Whittlestone. She acknowledged knowing two of the boys, but not personally.
The girl refuted any suggestion of flirtation. When Rachel Shenton, representing the now 15-year-old, asked if she ‘fancied’ any of the boys, she responded: “No.”
The girl, the jury was told, said the now 15-year-old put his arm around her as she alighted from the tram at Newbold. She expressed that this made her feel ‘quite uncomfortable’, according to court reports.
“What did you do when he put his arm around you?,” Ms Shenton queried. “I looked back at [her friend] to see what she was doing,” she answered.
She said she carried on walking and that it was the now 15-year-old’s idea to go into the bushes, jurors heard. The girl said the now 15 year old boy kept his arm around her as they went into the bushes, the court heard.
Asked if she thought the other two defendants were following, she said: “I personally thought they snuck up behind me. From [her friend’s] point of view, she said they followed.
The girl denied ‘willingly bending over’. “Did you say anything to anyone in the bushes?,” jurors heard Ms Shenton ask.
“No, because I was in shock,” the girl replied. “Did you try to move away from the bushes?,” The barrister asked. Wiping tears from her face, the girl said: “No.”
“Where was [her friend] at this point?,” Ms Shenton asked. “I don’t know,” she said. “Did you shout out to [her]?”
“No,” said the girl, in tears. “Did you scream?” Ms Shenton asked. “No,” the girl said wiping her eyes. “Did you say anything to make the boys think you were all agreeing to it?,” she was asked. “I never said yeah,” she replied.
The court heard the girl’s friend went into the bushes and described her as ‘looking scared’. She said the boys then moved away, jurors heard.
Asked about the alleged incident being recorded on a phone, she said it made her feel ‘disgusting’, the jury heard. She said she didn’t want to report the matter to her mum or to the police because she ‘didn’t want to create a big problem’, the court heard.
“I just didn’t really want anyone to find out,” she confessed. “I eventually agreed and [her friend] rang my mum off her phone. My mum rang the police. I didn’t want the police to be involved.”
“[The now 15-year-old] says you consented to sexual activity with him, is he right or wrong about that?,” Ms Shenton queried. “He is wrong, I didn’t say a word to him,” the girl responded. “He didn’t speak to me,”
During the cross examination, Philip Vollans, representing the now 16-year-old, asked her: “Did you walk freely into the bush?”
“He led me into the bush,” jurors heard her respond. “It was quite dark. It looked like a pathway to me, so I didn’t notice.” Jurors heard her recount how she was ‘pushed down’ into a bent over position. She couldn’t identify who was stood behind her, the court heard.
“You told the police officers you did not consent. Did you consent?,” Mr Vollans probed. “No,” jurors heard the girl answer.
In re-examination by prosecutor Ms Whittlestone, the alleged victim was asked: “Were two things happening at the same time?”
Jurors heard the girl softly answer: “Yeah”. When asked to clarify what occurred whilst she was allegedly being raped orally, the girl broke down in tears. The court heard her support worker suggested she write down what she was struggling to verbalise.
On a post it note, read to the court, the girl wrote: “Someone was putting their penis inside me from behind.”
In a video-recorded police interview, the friend of the girl revealed that the now 15-year-old boy had suggested to the alleged victim: “We can do it in that bush if you want.”
The jury was informed by the friend’s testimony: “She said she didn’t want to do it. They went into the bush, they grabbed her in the bush. I heard noises. She was crying in the bush.”
“I heard one of them say ‘let me have a go on her’. I went into the bush and grabbed her and they ran off.”
Earlier, Ms Whittlestone stated that the now 14 year old boy has been deemed unfit to stand trial. She explained that the jury would be asked to determine ‘whether he did the act’ and whether he ‘encouraged’ it to occur without the girl’s consent.
The indictment includes five counts of rape. Three counts pertain specifically to each boy, whilst two are charged as part of a ‘joint enterprise’, the jurors were informed. Each boy denies the charges levelled against them.
