Jade Blue McCrossen-Nethercott, rape survivor, was let down by the police and CPS, as are many people who report their rapes.
A woman has received £35,000 in compensation after her rape case was dropped amid claims she could have had an episode of “sexsomnia”.
After waking up in 2017 and believing she had been raped while asleep, Jade Blue McCrossen-Nethercott called police.
Three years later, the charges were withdrawn after counsel for the accused offender claimed she had “sexsomnia,” a medically acknowledged but rare sleep condition that causes a person to engage in sexual activities while unconscious.
First reported by the BBC, the Crown Prosecution Service (CPS) has now agreed it should have taken her case to trial rather than closing it as first reported.
It has apologised and agreed to pay £35,000 in damages to the 32-year-old.
“We continue to wish Ms Jade Blue McCrossen-Nethercott the very best going forward; a settlement has been reached with her to whom we have unreservedly apologised,” a spokesman added.
“We are dedicated to enhancing every element of how life-changing crimes like rape are handled and are closely working with police from an early stage to ensure we concentrate on the behaviour and actions of the suspect, not the victim.”
“We remain optimistic about the progress being made and acknowledge that more persons should come forward and report with confidence since there is still a long way to go to improve outcomes for victims.”
Ms Jade Blue McCrossen-Nethercott’s Centre for Women’s Justice attorneys claimed that the CPS’s payment was “sporadic.”
On Thursday, Ms Jade Blue McCrossen-Nethercott spoke on Woman Hour on BBC: “It’s a great triumph. Coming to this stage in my justice path has been a long time and significant struggle. Still, I am experiencing relief and triumph. Right now, the sand has a line.
“I feel like some justice has been served in some form – not how I’d originally anticipated – but it feels that this is a positive outcome, and I’m pleased that I managed to hold the CPS accountable essentially for their failure to prosecute my rapist.”
“The settlement is somewhat mixed-fevers. For me, the financial aspect is not particularly important. It is more important to make the CPS answerable and ensure they never repeat similar errors. Regretfully, I still have to get my CPS lesson-learned letter. The CPS assured me they would provide that as part of this litigation process.
I am thus still awaiting that. With luck, that will arrive shortly. Once I truly understand what things have been set in place and what policies and practices are to prevent this from happening again, the damage to victims who have to negotiate will be excellent. That would be the last line in the sand. It is simply cruel and brutal.
Ms Jade Blue McCrossen-Nethercott also informed the podcast she thought sexsomnia was an actual condition, but she was worried about its rising popularity as a kind of defence for offenders.
She said: “I believe the CPS’s management of these complicated laws around sleep problems needs more precise direction for both expert witnesses and themselves. Though, most likely, I do have worries that this could be used against victims in the future, I was especially eager to waive my anonymity and talk about this.
“I do feel it has to be looked at to protect victims being told they have it when they don’t, offenders claiming they have it when they don’t, with very little evidence, but also for genuine sufferers of sexsomnia not to be wrongly convicted..”
In a BBC Three documentary called Sexsomnia: Case Closed?, which ran in 2022, she recorded her attempt to argue the CPS had erred and challenged the rulings in her case.
She said in the documentary that she woke up on a sofa in 2017 believing she had been raped while she slept. She reported it to the police within hours. When questioned, the suspect remained silent; the CPS decided to prosecute him with rape.
Just days before the trial was scheduled to begin, Ms Jade Blue McCrossen-Nethercott was informed by the CPS her rape case would not be carried to trial due to defence claims she had experienced an episode of sexsomnia.
Following a police interview with Ms Jade Blue McCrossen-Nethercott, in which she was questioned about her sleeping habits, the CPS stated two sleep specialists had offered their opinion. The BBC claims that neither specialist visited or contacted her.
Ms Jade Blue McCrossen-Nethercott claimed she did not suffer from sexsomnia. Sleep experts could not rule out the likelihood that she might have experienced an isolated episode on the evening of the incident, though.
The defendant was formally cleared despite never showing up before a jury, rendering the case unable to be reopened without convincing fresh evidence.
Ms Jade Blue McCrossen-Nethercott filed an appeal under the right to review system of CPS victims in 2021.
She responded with an apologetic letter from a chief crown prosecutor outside the CPS department who first decided to close her case. They said it should have been put to trial, but they acknowledged that the CPS closed her case, which was incorrect.
Saying the court procedure had turned her world “upside down” and the CPS had “taken me to the darkest points of my life,” Ms Jade Blue McCrossen-Nethercott regarded the CPS choices during this period as “more damaging” to her than the night of the incident.
She claimed that wanting to guarantee responsibility drove her choice to sue the CPS and that “similar mistakes [are] not made again in these kinds of rape cases.”
She said: “For me, the financial aspect of things is not very important.
“I want to advocate for systematic changes with the CPS and the legal system supporting better training, policies, procedures, and practices.”
If you or anyone you know have been affected by the people highlighted in this article, then please report those individuals to the Police on 101 (999 if an emergency) or visit their online resources for further details of the options for reporting a crime. You can also make a report at Crimestoppers should you wish to be completely anonymous. There is help available on our support links page.