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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.”

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Pic: BBC
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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
Image:
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.”

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What is freezing rain and what makes it so dangerous?

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What is freezing rain and what makes it so dangerous?

An amber warning for snow and ice, with the risk of freezing rain, covers most of Wales and central England until midday on Sunday.

Freezing rain, which makes up what are commonly known as ice storms in North America, is a rarity in the UK because the conditions for it are quite specific, according to the Met Office.

But what is it and how is it different to snow?

Freezing rain is rainfall that has become “supercooled” as it falls from the sky.

Up to 30cm of snow expected in parts of UK – follow live

It starts when snow, ice, sleet or hail high up in the atmosphere melts into rain when it falls through the layers of warmer air below.

If the rain then passes through a sub-zero layer of air just above the ground, it can remain liquid and instead become “supercooled”. This is the key to freezing rain.

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Supercooled water will freeze on impact – forming a clear layer of ice on cold surfaces such as trees, roads and power lines.

Why is it dangerous?

It’s once it hits the surface and turns to ice that it can pose a real threat.

The ice is very clear, often referred to as black ice, because it is so difficult to see, making it treacherous for pedestrians and drivers.

Freezing rain settled on a car. Pic: iStock
Image:
Freezing rain on a car. Pic: iStock

Sky News meteorologist Kirsty McCabe explains: “The supercooled rain hits the ground and freezes instantly on impact, and that creates a thin layer of ice, also known as glaze, and it’s clear, so you can’t see the ice, which makes it really treacherous.”

If it hits power lines or tree branches, depending on how much rain there has been, the weight of the ice can cause them to break off because they can’t support the weight.

It can also make it difficult to open your car door if there is enough of it.

Get the five-day forecast where you are

Where is it expected to fall?

From 6pm on Saturday to midday on Sunday an amber warning for snow and ice, with the risk of freezing rain, covers most of Wales and central England, including the Midlands and Liverpool and Manchester in the North West.

But McCabe says it’s Wales where people should be particularly wary of freezing rain.

What precautions should people take?

The best thing people can do is take extra care when travelling. As it is so hard to see, it’s difficult to judge just how icy road surfaces are.

The RAC says freezing rain is arguably the most treacherous of all conditions for motorists.

They urge people not to drive unless necessary, but say those who do need to should check they have plenty of fuel and oil and check their tyre treads.

They also encourage drivers to make sure their lights are working and check they have screenwash.

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King deeply saddened by death of Briton in New Orleans attack – as reports say victim is stepson of ex-royal nanny

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King Charles deeply saddened by death of Briton in New Orleans attack - as reports say victim is stepson of ex-royal nanny

The King is deeply saddened by the death of a British man who was killed in the attack in New Orleans on New Year’s Day – amid reports he was the stepson of an ex-royal nanny.

Edward Pettifer, from Chelsea, west London, was fatally injured in the tragedy, the Metropolitan Police confirmed.

Sky News understands the King was made aware of Mr Pettifer’s death through official channels, was deeply saddened, and has been in touch with the family to share personal condolences.

The 31-year-old’s family said they were “devastated” by his death.

“He was a wonderful son, brother, grandson, nephew and a friend to so many,” the family said in a statement.

“We will all miss him terribly. Our thoughts are with the other families who have lost their family members due to this terrible attack. We request that we can grieve the loss of Ed as a family in private.”

New Orleans’ coroner said the preliminary cause of death for Mr Pettifer was blunt force injuries.

Police vehicles are parked near the site of a fatal truck attack in New Orleans, Louisiana, on Jan. 1, 2025. At least 15 people were killed and dozens injured in a suspected terrorist attack earlier in the day when a pickup truck was driven into a crowd celebrating New Year's Day in a popular tourist spot in the southern U.S. city, according to U.S. media. (Kyodo via AP Images) ==Kyodo
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Emergency crews at the scene of the attack. Pic: AP

FBI agents at the scene of the attack in New Orleans. Pic: Reuters
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FBI agents at the scene. Pic: Reuters

Fourteen people were killed and dozens injured when 42-year-old army veteran Shamsud-Din Jabbar’s rented truck rammed into people in New Orleans’ famous Bourbon Street in the early hours of New Year’s Day.

Jabbar was killed in a shootout with police.

The Federal Bureau of Investigation (FBI) said the attack was “premeditated” and an “evil” act of terrorism, and added Jabbar was “100% inspired by ISIS”, also known as Islamic State.

An IS flag that was attached to the pick-up truck that was driven down Bourbon Street
Image:
An IS flag was attached to the pick-up truck that was driven down Bourbon Street

The preliminary cause of death for all the victims was blunt force injuries, according to the New Orleans coroner.

The coroner has identified most of those killed in the attack, with efforts continuing to identify the final female victim.

• Edward Pettifer, 31, from Chelsea, west London
• Andrew Dauphin, 26, from Montgomery, Alabama
• Kareem Badawi, 23, from Baton Rouge, Louisiana
• Brandon Taylor, 43, from Harvey, Louisiana
• Hubert Gauthreaux, 21, from Gretna, Louisiana
• Matthew Tenedorio, 25, from Picayune, Mississippi
• Ni’Kyra Dedeaux, 18, from Gulfport, Mississippi
• Nicole Perez, 27, from Metairie, Louisiana
• Reggie Hunter, 37, from Prairieville, Louisiana
• Martin Bech, 27, from New York City, New York
• Terrence Kennedy, 63, from New Orleans, Louisiana
• Elliot Wilkinson, 40, from Slidell, Louisiana
• William DiMaio, 25, from Holmdel, New Jersey

Victims of the New Orleans attack, clockwise from top left: Reggie Hunter, Martin 'Tiger' Bech, Nicole Perez and Matthew Tenedorio
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Some of the victims of the New Orleans attack, clockwise from top left: Reggie Hunter, Martin ‘Tiger’ Bech, Nicole Perez and Matthew Tenedorio

Billy DiMaio (L) and Terrence Kennedy
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William DiMaio (left) and Terrence Kennedy

Read more:
What we know about suspect

British man, aspiring nurse and Princeton University football player among victims
Did New Orleans authorities fail the victims of the New Year terror attack?

An Islamic State (IS) flag, weapons, and what appeared to be an improvised explosive device (IED) were found in the vehicle used in the attack, the FBI said.

The suspect posted five videos on social media before the rampage in support of IS, the agency added.

In his first clip, Jabbar said he was planning to harm his own family and friends, but was concerned headlines would not focus on the “war between the believers and disbelievers”, said Christopher Raia, deputy assistant director of the FBI’s counter-terrorism division.

Jabbar also joined IS “before this summer”, and provided a will, the FBI chief said.

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The half-brother of the attack suspect said ‘this wasn’t the man I knew’

In an interview with a Texas-based TV station, owned by Sky News’ partner network NBC News, Jabbar’s younger half-brother said he was thinking about all those impacted by the attack.

Abdur-Rahim Jabbar said: “This is a tragedy. We’re all grieving about this.”

The suspect was a Muslim, with his sibling adding: “This wasn’t the man I knew. This wasn’t the father, the son that I knew.

“And that also, this isn’t any representation of Islam or Muslims or the Muslim community.”

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Stargazers treated to rare sight as Venus appears beside crescent Moon

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Stargazers treated to rare sight as Venus appears beside crescent Moon

Stargazers spied an unusual sight on Friday night, as Venus appeared beside a crescent moon.

The planet could be seen with the naked eye in locations lucky enough to have clear skies and incredible pictures show it seemingly shining.

Venus is often called the Morning or Evening Star, as it can easily be mistaken for a bright star.

 03 January 2025, Brandenburg, Sieversdorf: The 16 percent visible crescent moon can be seen together with Venus (at the top of the image) in the early evening sky. After the sun and the moon, the planet Venus is the brightest astronomical object in the night sky. Photo by: Patrick Pleul/picture-alliance/dpa/AP Images
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The view from Sieversdorf, Germany. Pic: AP

03 January 2025, Brandenburg, Sieversdorf: The 16 percent visible crescent moon can be seen together with Venus (at the top of the image) in the early evening sky. After the sun and the moon, the planet Venus is the brightest astronomical object in the night sky. Photo by: Patrick Pleul/picture-alliance/dpa/AP Images
A crescent moon and the planet Venus straddle a cross on top of Quebec Baptist Church in Ellaville, Georgia, U.S. January 3, 2025. REUTERS/Sam Wolfe
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The Moon and Venus straddle a cross on top of Quebec Baptist Church in Ellaville, Georgia. Pic: Reuters

January looks set to be a good month for stargazers and astronomers, as numerous celestial phenomena will be visible across the coming weeks.

The Quadrantid meteor shower is at its peak this weekend and visible until 12 January.

A crescent moon and the planet Venus are seen next to an oak tree in Ellaville, Georgia, U.S. January 3, 2025. REUTERS/Sam Wolfe
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Venus – seen here from Georgia, USA – didn’t appear as bright when viewed from the States. Pic: Reuters

On 16 January, there’s a strong chance you’ll be able to see Mars as the red planet will be in “opposition”, meaning Earth will be directly between it and the sun.

Just under a week later, on 21 January, you could see five planets – Saturn, Venus, Uranus, Jupiter and Mars – in the night sky after 9pm, according to the Royal Observatory Greenwich.

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Four of the planets should be visible to the naked eye, but seeing Uranus will require a telescope or very dark skies.

Anyone hoping to spot celestial phenomena is advised to find a stargazing spot away from light pollution and to allow at least 15 minutes for your eyes to adjust to the darkness.

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