A woman whose rape case was dropped after defence lawyers claimed that she could have had an episode of “sexsomnia” has been paid £35,000 in compensation by the Crown Prosecution Service.
Jade Blue McCrossen-Nethercott, who has waived her rights to anonymity, contacted police in 2017 after waking up on her sofa after a night out with friends and feeling that she had been raped while she had slept.
Three years later the charges were dropped days before trial because lawyers for the alleged perpetrator claimed Ms McCrossen-Nethercott 32-year-old had “sexsomnia”, a rare disorder where sleepwalkers engage in sexual acts while asleep.
The CPS has now admitted it was wrong to close her case, saying that it should instead have been taken to trial. It apologised and agreed to pay her £35,000 in damages.
A spokesperson said: “A settlement has been reached with Ms McCrossen-Nethercott, to whom we have apologised unreservedly, and we continue to wish her the very best going forward.
“We are committed to improving every aspect of how life-changing crimes like rape are dealt with and are working closely with police from an early stage to ensure we focus on the behaviour and actions of the suspect, not the victim.
“We remain positive about the progress being made and recognise there is still a long way to go to improve outcomes for victims, so more people can come forward and report with confidence.”
Sexsomnia: Case Closed?
Ms McCrossen-Nethercott’s lawyers, from the Centre for Women’s Justice, said it was “extremely rare” for the CPS to make such a payout.
She documented her mission to prove the CPS had made a mistake and overturn the decisions in her case in a BBC Three documentary, Sexsomnia: Case Closed?, which aired in 2022.
In the programme, she explained that in 2017 she woke up on a sofa with the feeling that she had been raped while she slept. Within hours, she had reported it to the police. The suspect offered no comment when questioned and the CPS made the decision to charge him with rape.
But in 2020, just days before the trial was due to start, Ms McCrossen-Nethercott was told by the CPS her rape case would not be taken to trial due to defence claims that she had experienced an episode of sexsomnia.
The CPS said two sleep experts had given their opinion on the case after a police interview with Ms McCrossen-Nethercott where she was questioned about her sleep habits. According to the BBC, neither expert met or spoke to her.
Ms McCrossen-Nethercott said she did not have sexsomnia. But sleep experts were not able to rule out the possibility that she could have had an isolated episode on the night of the incident.
Despite never appearing before a jury, the defendant was formally acquitted, leaving the case unable to be reopened without compelling new evidence.
In 2021, Ms McCrossen-Nethercott lodged an appeal through the CPS victims’ right to review system.
In response, she received a letter of apology from a chief crown prosecutor, independent of the CPS department which made the original decision to close her case. They admitted the CPS was wrong in closing her case, saying it should instead have been taken to trial.
World turned upside-down
Ms McCrossen-Nethercott described the CPS decisions during this time as “more damaging” to her than the night of the incident, saying the legal process had turned her world “upside-down” and that the CPS had “taken me to the darkest points of my life”.
She said that her decision to sue the CPS was motivated by wanting to ensure accountability and that “similar mistakes [are] not made again in these kind of rape cases”.
She added: “For me it’s not about the financial side of things.
“I’m very much wanting to push for systemic changes with the CPS and the legal system advocating for better training, policies, procedures and practices.”
Ms McCrossen-Nethercott told the BBC’s Woman Hour’s podcast yesterday: “It’s a big triumph. It’s been a long time coming and a real battle to get to this part in my justice journey. But I am feeling a sense of triumph, relief. There’s a line in the sand now.
“I feel like some justice has been served in some form – not how I’d originally anticipated – but it certainly feels that this is a positive outcome and I’m really pleased that I’ve managed to hold the CPS accountable essentially for their failure to prosecute my rapist.
“The settlement is bittersweet really. It’s not really about the financial side for me. It’s more so holding the CPS accountable and ensuring that they don’t make these mistakes again. Unfortunately I’m still yet to receive my lessons-learned letter from the CPS.”
She added: “I have been promised by the CPS that, as part of this litigation process, they were going to provide that.
“So I’m still waiting for that. Hopefully that will be soon. I feel that would be the final line in the sand – once I’ve really understood what things have been put in place, what policies and practices to avoid this happening again because the damage is vast to victims that have to navigate that. It’s just cruel and inhumane really.”
Shocked to the core
Ms McCrossen-Nethercott also told the podcast she believed sexsomnia was a legitimate disorder, but she was concerned about its increased use as a line of defence for perpetrators.
She said: “I think the guidance needs to be better for both expert witnesses and the CPS in how they manage these complex legalities around sleep disorders.”
She continued: “I do have concerns that this could be used against victims in the future, which is probably for me the main driving force that I was really keen to waive my anonymity and speak about this.
“I do feel it has to be looked into to protect victims being told they have it when they don’t, perpetrators claiming they have it when they certainly don’t, with very little evidence, but also for genuine sufferers of sexsomnia to not be wrongly convicted.”
Ms McCrossen-Nethercott told the PA news agency she was left “shocked to the core” after being told the case had been dropped.
She said: “It was soul-destroying. I reflect back on that day as being an absolute blur. It completely upended me. My life spiralled and I lost all faith in everything.
“It was really like my whole life crumbled around me at that point.
“Being told you potentially have something when you’ve had no previous history of it… there’s a lot of sleep history that could have been looked into. It’s just really heartbreaking.”
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