‘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.”
Canterbury MP Rosie Duffield has resigned from the Labour Party.
The 53-year-old MP is the first to jump ship since the general election and in her resignation letter criticised the prime minister for accepting thousands of pounds worth of gifts.
She told Sir Keir Starmer the reason for leaving now is “the programme of policies you seem determined to stick to”, despite their unpopularity with the electorate and MPs.
In her letter she accused the prime minister and his top team of “sleaze, nepotism and apparent avarice” which are “off the scale”.
“I’m so ashamed of what you and your inner circle have done to tarnish and humiliate our once proud party,” she said.
Rosie Duffield. Pic: UK Parliament/Jessica Taylor/Handout via Reuters
Sir Keir has faced backlash after a Sky News report revealed he had received substantially more freebies than any other MP since becoming Labour leader.
Since December 2019, the prime minister received £107,145 in gifts, benefits, and hospitality – a specific category in parliament’s register of MPs’ interests.
Ms Duffield, who has previously clashed with the prime minister on gender issues, attacked the government for pursuing “cruel and unnecessary” policies as she resigned the Labour whip.
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She criticised the decision to keep the two-child benefit cap and means-test the winter fuel payment, and accused the prime minister of “hypocrisy” over his acceptance of free gifts from donors.
“Since the change of government in July, the revelations of hypocrisy have been staggering and increasingly outrageous,” she said.
“I cannot put into words how angry I and my colleagues are at your total lack of understanding about how you have made us all appear.”
Ms Duffield also mentioned the recent “treatment of Diane Abbott”, who said she thought she had been barred from standing by Labour ahead of the general election, before Sir Keir said she would be allowed to defend her Hackney North and Stoke Newington seat for the party.
Her relationship with the Labour leadership has long been strained and her decision to quit the party comes after seven other Labour MPs were suspended for rebelling by voting for a motion calling for the two-child benefit cap to be abolished.
“Someone with far-above-average wealth choosing to keep the Conservatives’ two-child limit to benefit payments which entrenches children in poverty, while inexplicably accepting expensive personal gifts of designer suits and glasses costing more than most of those people can grasp – this is entirely undeserving of holding the title of Labour prime minister,” she said.
Ms Duffield said she will continue to represent her constituents as an independent MP, “guided by my core Labour values”.
UK
King Charles hails ‘uniquely special’ Scotland as it marks Holyrood milestone – before being hugged by woman
The King has paid tribute to Scotland as a “uniquely special place” for the Royal Family as he marked the 25th anniversary of the Scottish parliament.
At the ceremony to commemorate a quarter of a century since parliament opened at Holyrood, the King said: “Speaking from a personal perspective, Scotland has always had a uniquely special place in the hearts of my family and myself.
“My beloved grandmother was proudly Scottish, my late mother especially treasured the time spent at Balmoral, and it was there in the most beloved of places, where she chose to spend her final days.”
He said we are all “united by our love of Scotland”, paying tribute to its “natural beauty”, “strength of character”, “diversity of its people”, “passions and frequently deeply held beliefs”.
“From the central belt to the north Highlands, across the islands in Ayrshire, in the Borders, the cities, towns and villages, all the coastal communities, who I wonder, could not fail to be moved by this complex Caledonian kaleidoscope?,” he asked as presiding officer Alison Johnstone and the Queen sat beside him.
After he gave the speech, the King was hugged by a member of the public – who said she did so “because of him being unwell”.
The 75-year-old was diagnosed with cancer in February but has since returned to public duties.
Yvonne Macmillan, 59, from East Renfrewshire, attended the anniversary ceremony with her husband Russell who is registered blind and chosen as a “local hero” for work in their area.
“I asked him if he was feeling better and if I could give him a hug. I actually said to him: ‘Can I hug you?’,” she said.
“As I hugged him I said, ‘God bless you’, so it was like God giving him a hug.”
The King listens to the presiding officer of the Scottish parliament at Holyrood. Pic: PA
The Queen sits alongside the King as he makes his speech on Saturday. Pic: PA
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While Sir Tony Blair’s Labour government legislated for Scottish devolution in 1997 – parliament officially opened at Holyrood on 1 July 1999.
The King has made six visits to the parliament since 1999 – while his mother Queen Elizabeth II made 10 visits during her lifetime.
The King arrives at the Scottish parliament on Saturday. Pic: PA
Scottish First Minister John Swinney is one of a number of MSPs who have been at Holyrood since the start of devolution.
He said in his own speech in Edinburgh on Saturday that the parliament has “placed itself at the very heart of the nation”, describing it as a “vessel of enlightenment, invention and creativity”.
The King shakes hands with First Minister John Swinney in Edinburgh on Saturday. Pic: PA
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The SNP’s Christine Grahame is another MSP who has been there since the start.
“Free tuition, free prescriptions, game-changing policies to tackle child poverty, the ban on smoking, the baby box, ScotRail back in public ownership – none of this would have been possible without the Scottish parliament and the strength of our commitment to self-determination,” she said on Saturday.
The King said the devolved parliament has the ability to “touch and to improve the lives of so many individuals”.
Former first ministers Nicola Sturgeon and Humza Yousaf take a selfie as they wait for the King. Pic: PA
But he added that “there remains much more to be done” for Scotland, the rest of the UK, particularly with regards to climate change.
“Let this moment therefore be the beginning of the next chapter,” he told those assembled.
“The achievement of the past and the commitment shown in the present give us the soundest basis for confidence in the future.”
A moped riding phone thief was caught red-handed after police tracked the device down hours after he snatched it from a woman’s hand.
CCTV footage released by police showed a masked moped rider mount the pavement in Croydon, south London, to swipe a phone from a woman’s hand on 6 March, while another victim had theirs stolen while they waited for a bus an hour later.
Amari Scott, 20, looked surprised when confronted by officers inside a shop, where he was found with two mobile phones.
Amari Scott was caught red-handed. Pic: Met Police
“We’ve just had a moped rob a mobile phone off the pavement and the phone is pinging in this location,” one of the officers told him in body-worn camera footage before Scott was handcuffed and led away.
Police also recovered a stolen motorbike and Scott, from Sutton, south London, was later jailed for four years.
Two teenagers who committed four robberies in the space of just half an hour were also arrested as part of a crackdown in Croydon.
Aged 16 and 17, the teens were issued with referral orders after pleading guilty to charges of robbery, attempted robbery and attempted grievous bodily harm.
Amari Scott was jailed for four years. Pic: Met Police
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They were behind a spree of eight robberies across Croydon and nearby Bromley, including four within 30 minutes on the morning of 5 August.
Their crimes, which included the knife point robbery of a rough sleeper outside Croydon library, were caught on CCTV.
Keep up with all the latest news from the UK and around the world by following Sky News
One of the teenagers tried to discard a knife before she was arrested after a foot chase, telling officers: “The knife wasn’t mine”.
The other ran away, leaving a knife and his bag, but was lying in bed at home when he was arrested shortly after.
Two teenagers committed four robberies in 30 minutes. Pic: Met Police
The Metropolitan Police said officers are intensifying efforts to tackle robbery and theft, encouraging victims to report incidents as they happen to increase the chances of catching the criminals.
Chief Inspector James Weston said: “We understand the impact that robbery has on victims – it is invasive and frightening.
“That’s why our teams are working so hard to deter and catch offenders to reassure our local community.
“Thanks to the hard work of officers, our partners and community grassroots organisations, we are stepping up our efforts and tackling the issues that matter most to the people of Croydon.”
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