‘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.”
An MP has told Sky News she was attacked online by the Tate brothers after she participated in a debate in the House of Commons about violence against women.
The controversial duo, Andrew and Tristan Tate, are facing charges of rape and human trafficking in the UK – all of which they deny.
But they are still very active online, and according to Sorcha Eastwood, the MP for Lagan Valley, are targeting her.
In a document seen by Sky News, Tristan Tate has highlighted one of the MP’s tweets and writes in private correspondence: “MP, nice target, can we sue her?”
Sorcha Eastwood says at first she thought the replies were from parody accounts and not the Tate brothers.
Her original tweet was about Elon Musk, not the Tate brothers. The MP said Musk’s tweets should be looked at through a counter-extremism lens.
“I was really concerned, I was concerned because to me that is a direct attack for want of a better phrase on me serving my constituents.
“I couldn’t believe that they decided to pick this random Northern Irish MP. The fact that it wasn’t even about them. This is something I didn’t go looking for.
“I think from my perspective, it’s a very, very sinister attempt to shut down important voices in public life, political discourse.”
It was only when she started noticing an uptick in abuse from other accounts she realised she had encountered some of the brothers’ followers.
“I had rape threats. I had death threats. I had people saying I should be hung from a lamppost. I had people saying I should be chopped into liver. I also had people then who were like we’ll waste 15 minutes raping Sorcha Eastwood.”
A representative for the Tate brothers told Sky News that there was no targeted campaign against Sorcha Eastwood
A representative for the Tate brothers told Sky News that there was no targeted campaign against her.
They said: “Ms Eastwood has a distorted view regarding social media if she believes one is required to ‘invite or ask’ people to interact.
“Tristan Tate is entitled to his view in relation to her tweet regarding Elon Musk.”
The self-styled “misogynist influencer” Andrew Tate and his brother Tristan have both been charged with human trafficking, face allegations of trafficking minors, sexual intercourse with a minor and money laundering in Romania.
There is also a European arrest warrant for them as they are facing separate, unrelated charges of rape and human trafficking in the UK. They deny all charges.
Ms Eastwood now worries for others who don’t have a platform like her and who may not feel like they can speak out.
“If this is what has happened to me I have absolutely no doubt that this has happened to others where they have been attempted to be silenced.”
Keir Starmer has previously commented on the Tate brothers’ case in the Commons saying it is “a live issue”, but adding that “the principle is absolutely clear” in relation to whether the brothers should face justice.
Sorcha Eastwood says she wants to see the government do much more to protect against abuse online.
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Tate brothers deny wrongdoing
“I think ultimately the government has taken the wrong course on this. They need to step up.
“This should be an issue of national security as far as the radicalisation of young people online. It should be an issue in terms of the levels of misinformation, disinformation and the lack of trust that is had in our politics right across the UK and Europe.
“I want the government to help me, help every other person to crack down on this and get serious about it. And the only way they’ll be able to do that, is by hitting these tech companies in the only language which they understand, which is money and via robust legislation.”
A government spokesperson said: “Violence against women and girls is a scourge on our society which is why we have set out an unprecedented mission to halve these crimes within a decade.
“Tackling illegal abuse both online and offline is central to supporting victims and preventing harm in our communities and we will not hesitate to strengthen laws to deliver this mission.
“Last month, parts of the Online Safety Act came into force meaning companies must take action to protect users from illegal material including extreme sexual violence.
“Further protections from this summer will require platforms to protect children from harmful, misogynistic, and violent content.”
UK
‘It’s just nasty’: Birmingham residents ‘overwhelmed’ by foul stench and massive rats as bins strike rumbles on
In parts of Birmingham, the stench is overwhelming – enough to make you heave.
At a block of flats in Highgate, in Birmingham city centre, we find a mountain of bin liners full of rubbish spewing out of the cavernous bin store, which is normally locked.
Mickel comes out to speak to us, while all around bin liners lie open, with the contents for all to see, including used nappies and rotting food.
Mickel says they’ve had ‘foxes and rats, literally the size of cats’
Outside Mickel’s flat in Highgate, bin liners lie open, spewing out rubbish
We both find it hard to keep talking amid the awful smell.
“We’ve had foxes and rats, literally the size of cats, flies, it’s just nasty, something needs to be done,” he says.
Chris says the situation is ‘overwhelming’ as she’s ‘terrified of rats’
Around the corner, I meet Chris, in her dressing gown, popping the bins into her bin store beneath her flat before work.
She unlocks it, and although it isn’t bursting out on to the street yet, it is getting full.
She says the situation is “overwhelming” as she’s “terrified of rats”. But, even so, she has sympathy for the striking bin workers.
“It’s not an easy job; they must have a heart of gold to do that job,” she says.
“Pay them whatever they need, they deserve it.”
Striking bin workers at Lifford Lane tip, south of the city centre
There’s an awful smell coming from a mountain of bin liners outside Mickel’s flat in Highgate
At Lifford Lane tip, south of the city centre, Brigette has pulled up alongside picketing workers. The back seat of her car is full of rubbish.
She apologises for the terrible waft, mixed with air freshener.
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“It’s very pungent, isn’t it? Not nice,” she admits.
“It’s unfortunate, I have some sympathies for all the parties, but, equally, we have a duty of care to stay clean and tidy.”
She says she has her rubbish and that of her elderly aunt and plans to make weekly trips to the tip until a resolution in this pay dispute between the council and the Unite union is found.
UK
‘US is our closest ally’, Jonathan Reynolds says in reaction to Trump tariffs – but ‘nothing off the table’
The US is “our closest ally” but “nothing is off the table” in response to Donald Trump’s 10% tariffs on imports from the UK, the business secretary has said.
In a statement following the US president’s nearly hour-long address to the world, Business and Trade Secretary Jonathan Reynolds said: “We will always act in the best interests of UK businesses and consumers.
“That’s why, throughout the last few weeks, the government has been fully focused on negotiating an economic deal with the United States that strengthens our existing fair and balanced trading relationship.”
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Mr Reynolds reiterated the statements from the prime minister and his cabinet over the past few days, saying the US is “our closest ally”, and the government’s approach is to “remain calm and committed to doing this deal, which we hope will mitigate the impact of what has been announced today”.
Business Secretary Jonathan Reynolds says “nothing is off the table” following the tariffs announcement. Pic: PA
But he continued: “We have a range of tools at our disposal, and we will not hesitate to act. We will continue to engage with UK businesses, including on their assessment of the impact of any further steps we take.
“Nobody wants a trade war, and our intention remains to secure a deal. But nothing is off the table, and the government will do everything necessary to defend the UK’s national interest.”
‘Get back round the negotiating table’, say Tories
The Conservative Party’s shadow business and trade secretary described the US president’s announcement as “disappointing news which will worry working families across the country”.
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Sky’s Ed Conway examines how economies across the world are impacted by tariffs
Andrew Griffith hit out at the government for having “failed to negotiate with President Trump’s team for too many months after the election, failed to keep our experienced top trade negotiator, and failed to get a deal to avoid the imposition of these tariffs by our closest trading partner”.
“The chancellor’s emergency budget of just a week ago with its inadequate headroom is now at risk, casting uncertainty about more taxes or spending cuts,” he continued. “Sadly, it is British businesses and workers who will pay the price for Labour’s failure.”
He called on ministers to “swallow their pride” and “get back round the negotiating table to agree a fair deal to protect jobs and consumers in both the UK and the US alike”.
Liberal Democrat leader Sir Ed Davey has reacted furiously to Mr Trump’s announcement of a “destructive trade war”, and called on the government to stand up against “Trump’s attempts to divide and rule”.
“The prime minister should bring our Commonwealth and European partners together in a coalition of the willing against Trump’s tariffs, using retaliatory tariffs where necessary and signing new trade deals with each other where possible.”
Speaking on Wednesday evening at a White House event entitled ‘Make America Wealthy Again’, the US president unleashed sweeping tariffs across the globe.
Mr Trump held up a chart detailing the worst offenders – which also showed the new tariffs the US would be imposing.
The UK’s rate of 10% was perhaps a shot across the bow over the 20% VAT rate, though the president’s suggested a 10% tariff imbalance between the two nations. Nonetheless, tariffs of 10% could directly reduce UK GDP by between 0.01% and 0.06%, according to Capital Economics.
A 25% duty on all car imports from around the world is also being imposed from midnight in the US – 5am on Thursday, UK time.
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The UK government had been hoping to negotiate an economic deal with the US in a bid to avoid the tariffs, but to no avail. The government says negotiations will continue.
The Confederation of British Industry said “negotiating stronger trading relationships with all like-minded partners will be foundational to any success”.
The business secretary is expected to make a statement in the House of Commons on Thursday, and we are also expecting to hear from the prime minister.
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