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A 20-year-old transgender woman has been sentenced to three-years youth detention after being convicted of rape earlier this year, but both the defence and prosecution intend to lodge appeals soon.
Freddie Christian Trenchard, now known as Alyssa Christine Trenchard, raped a younger female in 2021 and was found guilty by unanimous decision of jurats at a three-day trial in July 2023.
The Royal Court sentenced Trenchard to three-years youth detention yesterday (31 October), as well as applying a three-year extended sentence licence once time has been served and a 10-year sexual offences notification order.
Judge Catherine Fooks said the rape had a “significant and ongoing” impact on the victim, and that perpetrators should expect to be imprisoned and be subject to “long-lasting” orders.
Immediately after sentencing, Trenchard’s advocate, Oliver Fattorini, applied for bail in anticipation of a separate application to seek additional time to give notice of an appeal against the conviction.
At a hearing later in the afternoon to consider that, the prosecution also revealed it intended to appeal the sentence handed down on the grounds it is too lenient.
The Bailiff, Sir Richard McMahon, refused bail but said it can be sought again when Trenchard formally seeks a time extension or is granted leave for appeal. The prosecutions’ application will be considered once this other process has advanced.
Pictured: Further hearings will take place at the Royal Court.
During sentencing, Advocate Pheobe Cobb, prosecuting, told the Royal Court that Trenchard had been in "the early stages of gender transition from male to female" at the time of the offence, and committed the rape “with her penis”.
The victim impact statement was read out to the court which detailed the negative effects on their life, including disruption to education, struggles with personal identity, and feelings of guilt and shame.
Trenchard had been unconditionally bailed until sentencing yesterday, and denied the charge from the outset. The court was told Trenchard maintains that the process has been motivated by transphobia.
Advocate Oliver Fattorini, defending, accepted that there was no realistic alternative to youth detention for the conviction.
As they were young and had no previous or subsequent convictions the sentencing starting point should be altered, he added.
Trenchard had begun transitioning from male to female, and Advocate Fattorini confirmed hormone treatments and appointments with a London gender clinic could continue in prison, with pre-operative transgender people to be housed in the wing which conforms with the sex assigned at birth.
But there was a “quandary” as Trenchard has both male and female genitalia, which may make placement on an all-male wing “degrading”, he added.
Judge Fooks noted there were aggravating factors in the case and a six-and-a-half year starting point was given, but this was reduced by a third because of Trenchard’s age. It was further reduced due to the transgender element, with Judge Fooks saying that “presents its own challenges in a prison environment”.
During the bail application, Adovocate Fattorini said there were material differences in the evidence presented to the court and what was detailed in the recent victim impact statement which could give rise to an appeal.
Advocate Cobb said there were no merits in the grounds for appeal, saying what was presented did not go against the credibility of the victims’ account.
A date for further hearings on the matter are yet to be confirmed.
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