Three-year jail sentence for rapist to be appealed by prosecutors

A defence application for Freddie Christian Trenchard, 20, known as Alyssa Christine Trenchard, to be bailed, pending a potential late appeal against conviction, was turned down, and she started her sentence last night.

Trenchard had denied the offence but the Royal Court found her guilty by a unanimous decision at the end of a three-day trial in July.

The trial was told the defendant was biologically male when the offence was committed in mid-2021.

The transgender factor was only relevant because Trenchard had accused the victim of falsifying a complaint because she was transphobic.

The defendant maintained that stance to this day and still refuted her guilt.

The offence was committed when Trenchard had invited the victim to her home. The victim had not complained to police until February 2022 and the reasons for that were explained at trial.

At yesterday’s sentencing hearing with jurats in the Royal Court, prosecuting Advocate Phoebe Cobb read a harrowing victim impact statement from the complainant, who told of the effect that the defendant’s actions had had on her.

In it, the woman questioned why a friend who she had trusted and confided in would invite her to their home and then rape her.

Defending, Advocate Oliver Fattorini said there had been no history of violence between the two and his client had not attempted to stop the woman from making a complaint.

He spoke of his client’s difficult childhood experiences and abuse and bullying she had suffered.

Her gender dysphoria and the fact that she wished to live as a woman had caused her significant psychological distress and functional impairment.

The prison had confirmed that an offender would only be kept in an environment consistent with their sex at birth, so an all-male placement would be degrading for her.

Delivering the court’s sentencing remarks, Judge Catherine Fooks said the victim impact statement had been very powerful from someone so young.

All offences of rape had significant impact on the victims which could not be overstated. The defendant’s age had been taken in to consideration when reaching sentence, as had the lack of previous convictions.

The impact of prison on the defendant would increase because of her transgender status and that had been taken into account too.

‘The court has not lost sight on the impact on the victim who has had to wait a long time for the matter to be concluded,’ said Judge Fooks.

The defendant’s denial had also forced her to have to come to court and give evidence and thereby relive her ordeal.

The sentence would be reduced to a minimum, given the defendant’s issues and other points put forward in mitigation.

An extended sentence licence will be put in place for three years following her release from prison, and Trenchard will be subject to notification requirements for 10 years from the July date of conviction.

Following the sentencing hearing, the Bailiff Sir Richard McMahon sat as judge alone to rule on an application from the defence seeking bail for Trenchard pending an appeal. Advocate Cobb said the defence would also seek leave to appeal to the Guernsey Court of Appeal that the sentence imposed had been unduly lenient.

Sir Richard said that would have to be considered when further information was available, including a transcript of Judge Fooks’ comments from the sentencing hearing.

Earlier this year Guernsey’s prison governor John De Carteret confirmed that transgender prisoners serve prison sentences in line with their sex assigned at birth, unless they have undergone surgery. Les Nicolles is a mixed prison, with genders accommodated separately for living and sleeping, but the prison is mixed during the working day. Guernsey’s prison has accommodated trans prisoners before.