(The Sun By ANTHONY FRANCE) – Two rapists were caged for just 40 months because a judge said their 11-year-old victim was “willing”.
Roshane Channer and Ruben Monteiro, both 21, attacked the girl while someone filmed it.
But Judge David Farrell QC said: “Despite her age it is accepted she was a willing participant.”
The pair claimed the victim looked at least 14 — and the judge agreed.
Channer had sex with her while Monteiro had oral sex — now classed as rape, Luton Crown Court was told.
Channer, of no fixed address, and Monteiro, of Luton, Beds, admitted rape.
They will be on the sex offenders register for life.
The judge had said there were exceptional factors in the “abhorrent” case that led him to reduce their sentence.
He said: “Despite her age it is accepted she was a willing participant, but the law is there to protect young girls from this type of behaviour and to protect them from themselves.”
But Crown lawyers are now considering appealing against the “unduly lenient” jail terms.
Yvonne Traynor, chief executive of the Rape Crisis charity, said the sentences were “among the worst” she had heard.
She added: “Common sense tells you that an 11-year-old child would not willingly go with two men and agree to being raped simultaneously while being filmed.
“The abhorrence of this case spreads to the ignorance of a judge that can believe that an 11-year-old could have been a ‘willing participant’.
“Does he not understand the age of consent and the psychological impact this despicable act will have on this child? It’s about time the judiciary stopped blaming women and girls for being raped by despicably exploitative predatory men.”
Channer and Monteiro were 20 at the time of the rape at a flat in Luton, Beds last July.
Judge Farrell said the prosecution accepted that the girl had not objected to what was happening, and the men had pleaded guilty at the earliest stage and did not have previous convictions for sexual offences.
But he said: “The girl had clearly been subjected to systematic sexual exploitation and you willingly used her for your own sexual gratification. It is aggravated by the fact that the event was being videoed.
“The case is made all the more abhorrent by your casual attitude to sex and relationships.”
He added there was evidence that the footage had been circulated, as it was found on one of the defendant’s phones.
Senior District Crown Prosecutor Helen Draycott said: “We are considering our position in relation to whether we will exercise our leave to appeal the sentences as unduly lenient.”
Abuse victim Shy Keenan and Sara Payne, whose eight-year-old daughter Sarah was murdered in 2000 by paedophile Roy Whiting, spoke out on behalf of child protection website ThePhoenixPost.com.
They said: “No wonder the conviction rates are so low in such cases.
“It doesn’t matter if the 11-year-old looked 14, she wasn’t 18 and hadn’t given her consent.
“We will be appealing to the Attorney General regarding the sentence on the grounds that it is unduly lenient. It is long past time that we challenge the prejudice behind such intolerable injustices.”