‘It sets a scary precedent’: Woman suing CPS after it dropped her rape case over claims she had sexsomnia
Thirteen days before the man accused of raping her was due to stand trial, Jade McCrossen-Nethercott was told her case was being dropped.
After a phone call from the police the day before, the then 24-year-old met with the Crown Prosecution Service (CPS).
They told her that because she was asleep when the incident happened, two sleep experts employed by the defence team had claimed she could have suffered a random episode of ‘sexsomnia’ – and therefore the case was no longer viable.
Sexsomnia is a rare sleep condition that causes people to engage in sexual activity while unconscious.
In her police statement after the incident in 2017 she had briefly mentioned being a deep sleeper and sleepwalking a couple of times when she was a teenager – but in the three years since it had never been brought up again.
“It was the first I’d ever heard of it,” she told Sky News.
“I was trying to understand. It didn’t make any sense to me. It was baffling. I was completely shellshocked.”
Pic: BBC
Ms McCrossen-Nethercott had gone back to a friend’s house for a drink after a night out in south London when she woke up feeling as though she had been sexually assaulted.
She had fallen asleep on the sofa at around 2am and awoke roughly three hours later naked from the waist down and with her necklace broken on the floor.
A man, whose semen was later found on her vaginal swabs, was sat next to her on the sofa.
Asking him what had happened, he replied: “I thought you were awake.”
Ms McCrossen-Nethercott reported it to the police, underwent forensic testing, and the man was charged with rape.
He had offered no comment to police, pleaded not guilty at magistrates court and was due to appear at crown court in just under two weeks when the CPS discontinued the case.
“I made a few blasé comments to the police about sleepwalking when I was younger.
“They were clutching at straws, it was them panicking,” she said.
Sleep experts had never met or spoken to her
With the right to appeal the CPS’s decision she requested all the case documents, including those linked to the two sleep experts.
“Those two experts had never spoken to me on the phone – let alone met me in person,” Ms McCrossen-Nethercott said.
“Their decision was based on a 15-question questionnaire – and the defendant’s statement.
“It was so loosely drawn together – this ‘argument’ that I had sexsomnia.”
She then commissioned her own sleep expert, from the London Sleep Centre, to provide counterevidence.
He had never come across an alleged victim having the condition. In the UK only people accused of rape or sexual assault have alleged to have had it – using it as a defence.
The expert also explained it usually occurs in men – who have had a history of it before.
Pic: BBC
Sleep tests commissioned by him showed Ms McCrossen-Nethercott had mild sleep apnoea – when breathing briefly stops and starts again during sleep.
Because this has been identified as one of the triggers of sexsomnia, he said he couldn’t rule out an isolated episode.
“Sleep apnoea is so common a lot of people don’t even know they have it,” she said.
Determined to prove the CPS wrong, she turned to a lawyer instead.
According to the law in England and Wales, a person cannot consent to sex if they are asleep.
But someone cannot be found guilty of raping someone if they can prove they had “reasonable belief” the other person consented.
The lawyer, who had defended men in cases involving sexsomnia, claimed sleep and medical experts are never able to definitively prove someone has the disorder.
This means it could be used to convince a jury someone is not guilty.
Finally she submitted her appeal.
CPS review ruled decision was wrong
A retired crown prosecutor not involved in the original case concluded it should have gone to trial.
He said the sleep experts and the defendant’s claims of sexsomnia should have been cross-examined.
Ultimately he believed it was “more likely than not” the defendant would have been convicted by a jury.
But despite his verdict and an apology from the CPS, the case cannot be reopened, as the man was formally acquitted and there are laws against double jeopardy.
Ms McCrossen-Nethercott told Sky News that with just 1.3% of rape cases resulting in a prosecution in England and Wales, she did not expect the case to reach trial.
But when she was told there would be one, she says: “I was hopeful and optimistic.
“I felt confident in how I reported what had happened.”
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With the help of the Centre for Women’s Justice, she has now submitted a letter of claim to sue the CPS on human rights grounds.
“The CPS let me down and they’re letting every other woman and girl down to,” she said.
“I did as much as I could and yet nothing can be done.
“It’s really hard to heal from something that makes no sense.”
After further communication with the CPS last year, the now 30-year-old was unable to work for six months due to mental ill-heath.
“Last year I had really bad dark times. But I’m in a better place now, with the support of my friends, family and my partner.”
A CPS spokesperson said in a statement: “We have apologised unreservedly to the victim in this case. The expert evidence and defendant’s account should have been challenged and put before a jury to decide.
“We are committed to improving every aspect of how life-changing crimes like rape are dealt with and are working closely with the police to transform how they are handled.
“We remain positive about the progress that is being made but recognise there is still a long way to go so more victims come forward and report with confidence.”
A man has died after suffering cardiac arrest onboard a boat attempting to reach the UK.
The vessel turned back towards Equihen beach on the French coast yesterday morning.
A nurse tried to resuscitate the man but was unsuccessful.
Pic: PA
French authorities have now launched an investigation into the circumstances.
A spokesperson for Doctors Without Borders, also known as MSF, has criticised authorities on both sides of the Channel.
Jacob Burns said: “Yet again we have a tragedy in the Channel, that is the consequence of the deadly, costly and ineffective security policies implemented by the UK and France.”
Pic: PA
Later on Saturday, a lifeboat carried migrants who have made the voyage into the Port of Dover.
Photographs showed them huddled under blankets and orange life jackets on board.
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Protesters clash over asylum hotels
Provisional statistics from the Home Office suggest almost 24,000 people have arrived on small boats in the UK so far this year.
Towns and cities across the UK have seen protests in recent days, primarily outside hotels believed to be housing asylum seekers.
Here the Lionesses are again. Another final. Another showdown with Spain.
All of a sudden, what was once so anticipated and longed for can start to seem expected rather than extraordinary.
What happened to the great underachievers of world football? They are now consistently among the final two going for glory.
At Euro 2022, the Lionesses ended England’s 56-year wait for a major trophy by beating Germany 2-1 after extra time. Pic: Reuters
No one is taking that for granted.
Especially not Leah Williamson, with the chance to retain the European Championship trophy lifted three years ago at Wembley.
“The opportunity of tomorrow and what’s on offer is the best thing in football,” the England captain said. “I think we don’t necessarily carry the weight of it and how much it means to people, but we’re aware of it because it means the same to us.”
So often they were only watching other nations making finals.
England’s first was the men winning the 1966 World Cup.
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Lionesses ‘know what win would mean to nation’
Then, with the rebirth of women’s football after bans and neglect, it was the Lionesses’ turn to make it to the finals – in 1984 and 2009.
And the Three Lions had to wait until 2021 to make it to a final, losing to Italy on penalties at Wembley.
It kickstarted an incredible run of five successive years of finals for England senior teams – with another men’s Euros final defeat in 2024.
The Lionesses have led the way, bringing football home by defeating Germany in the Euro 2022 final at Wembley.
They just missed out on going one better when reaching a first Women’s World Cup final a year later.
England manager Sarina Wiegman reacts to defeat against Spain at the Women’s World Cup final in 2023. Pic: Reuters
Lauren James looks dejected after their World Cup defeat, but is confirmed fit for Sunday’s revenge match against Spain. Pic: Reuters
Now, in Basel, comes the chance for revenge against Spain – even though no one in the England camp is saying that, publicly at least, in Switzerland.
Especially knowing how challenging a task it is coming up again against Aitana Bonmati and Alexia Putella – the recent winners of football’s biggest individual honours.
England fans celebrating after England beat Italy to reach the finals. Pic: Reuters
Given England’s history against Spain, it could be a nerve-wracking time for England fans. File pic: Action Images/Reuters
But this is Spain’s first Euros final.
And there is some fear from the world champions at England’s grit and resolve to produce comebacks late in the quarter-finals and semi-finals – with 19-year-old Michelle Agyemang’s goals integral to the fightbacks.
England celebrate their semi-final win against Italy to reach the finals. Pic: Reuters
Michelle Agyemang has propelled England to the Euro 2025 final with two vital goals. Pic: AP
Spain captain Irene Paredes reflected yesterday on how the Lionesses can flip a result late on.
But she was also discussing how their World Cup win was tarnished by the on-pitch kiss that led to former Spanish federation president Luis Rubiales being convicted of a sexual assault on striker Jenni Hermoso.
It sparked a wider clamour in Spain for improved rights and respect for women.
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“Since then [2023] we took big steps forward,” Paredes said.
“I think this idea is disappearing from society. I still believe we have to continue opening doors… we’re a reference for boys and girls in society, but we still have things to do.”
It is a reminder that while tonight is about collecting silverware, both England and Spain know that emerging as champions can drive further growth in women’s football back home.
Amid it all, they’ll try to savour just what reaching a final means and how rare they are – until recently for English and Spanish women.
A woman who thought she was being injected with Botox was left unable to swallow and doctors thought she had suffered a stroke – after she contracted a life-threatening illness from a potentially illegal product.
Nicola Fairley is one of dozens of people who have developed botulism linked to unlicensed anti-wrinkle injections.
She had the procedure done with her regular beautician after winning a Facebook competition for three areas of “Botox”.
Nicola Fairley
“Within two or three hours my forehead and the sides of my eyes had started to freeze,” Nicola says.
“At first I thought ‘amazing’, that’s what I wanted – then it just carried on.”
Nicola was eventually sent to A&E in Durham, where she met several other patients who all had similar symptoms.
Doctors were stumped. “They thought I’d had a stroke,” she says.
“We all had problems with our eyes, some of us with our breathing. I couldn’t swallow – they put me on nil by mouth because they were worried I would choke in the waiting room.”
Doctors were worried Nicola could choke after she was injected with a suspected illegal product
It turns out all of the patients had recently had anti-wrinkle injections containing botulinum toxin.
Health officials believe they were imported, illegal products.
Botulism – the disease they caused – is so rare many doctors never see it in their entire careers.
It can cause symptoms including slurred speech and breathing problems, and can be deadly.
The disease is so unusual, and so many cases were coming in, that doctors exhausted their stocks of anti-toxin and had to ask hospitals as far away as London to get more.
The UK Health Security Agency has so far confirmed 38 cases of botulism linked to cosmetic toxin injections, but Sky News has been told of several more.
The outbreak began in the North East but cases have now been seen in the East of England and East Midlands as well.
There are only a handful of legal botulinum toxin products in the UK – of which Botox is one.
But cosmetic treatments are largely unregulated, with anyone allowed to inject products like fillers and toxins without any medical training.
Cheap, illegal products imported from overseas are easily available.
Dr Steven Land
‘It’s the Wild West’
Dr Steven Land runs Novellus Aesthetics clinic in Newcastle upon Tyne. He worked for decades as an emergency medicine doctor before moving into aesthetics.
He says he has been warning health officials of an outbreak for years.
“It’s the Wild West,” Dr Land told Sky News.
“Because anyone can do this, there is a lack of knowledge around what is legal, what’s not legal, what is okay to be injected.
“These illegal toxins could have 50 units, 5,000 units or rat poison – there could be anything in there.”
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Dr Land showed us messages that he says he gets on a weekly basis, from sellers trying to push him cheap, unlicensed products.
They advertise “limited time offers” and cheap bundles on toxins imported from overseas. He calls them “drug dealers”.
“They are preying on the lack of knowledge among non-medical practitioners,” he says.
Consultations on how to regulate the aesthetics industry have been ongoing for years – but so far, no changes have been introduced.
The UK government now says it does plan to regulate certain procedures, but it’s not said how it will do this, or when.
“What will it take?” Nicola says. “One of the women we were with did almost die – she had to be resuscitated.”
Nicola’s beautician has stopped responding to her messages, so she says she still has no idea what the product was “or how much of it is in me”.
She doesn’t know how long her symptoms will last, but just hopes she will eventually recover.
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