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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

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
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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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The King, Prince William and Kate attend Duchess of Kent’s funeral – as Buckingham Palace says Queen withdrew due to illness

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The King, Prince William and Kate attend Duchess of Kent's funeral  - as Buckingham Palace says Queen withdrew due to illness

The King, Prince William and the Princess of Wales have attended the funeral of the Duchess of Kent.

The trio were joined by other royals at Westminster Cathedral for the requiem mass – a Catholic funeral – the first to be held for a member of the Royal Family in modern British history.

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Pic: Reuters

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Pic: PA

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Pic: Reuters

Katharine, Duchess of Kent, who became the oldest living member of the Royal Family on the death of Queen Elizabeth II in 2022, died at the age of 92 on 4 September.

The Duchess of Kent at the Wimbledon tennis Championships in 2012. File pic: PA
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The Duchess of Kent at the Wimbledon tennis Championships in 2012. File pic: PA

It emerged earlier that the Queen had withdrawn from attending while she recovers from illness.

Buckingham Palace said on Tuesday that Camilla, 78, is recovering from acute sinusitis, with the withdrawal raising questions over her attendance for US President Donald Trump‘s state visit, which begins at Windsor on Wednesday.

The King and Queen were due to attend the funeral together. Pic: PA
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The King and Queen were due to attend the funeral together. Pic: PA

That visit is being hosted by the King, but the Queen is understood to be hopeful she will recover in time to attend all royal elements of Mr Trump’s trip, which includes a lavish state banquet.

A Buckingham Palace spokesperson said: “With great regret, Her Majesty the Queen has withdrawn from attendance at this afternoon’s requiem mass for the Duchess of Kent as she is recovering from acute sinusitis.”

The Duke of Kent was informed and was said to fully understand the decision, wishing her a speedy recovery.

The Queen had travelled down from Scotland this morning and is currently travelling to Windsor, where she will rest.

“Her thoughts and prayers will be with the Duke of Kent and all the family,” the spokesperson added.

During the service, Pope Leo XIV paid a personal tribute to the Duchess of Kent, praising her “legacy of Christian goodness” in a message delivered during her funeral.

In words read out by Archbishop Miguel Maury Buendia, the pontiff highlighted her “dedication to official duties”.

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Pics: PA

Prince Andrew and Sarah, Duchess of York, were seen approaching Westminster Cathedral for the service.

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Pic: Reuters

Former Formula 1 world champion Sir Jackie Stewart and actresses Rula Lenska and Dame Maureen Lipman were also among the mourners.

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Southport killer’s parents took delivery of machetes and knives and tried to hide them from him, inquiry told

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Southport killer's parents took delivery of machetes and knives and tried to hide them from him, inquiry told

The parents of the Southport killer took delivery of a number of machetes and knives, which they tried to hide from him, the inquiry into the stabbings has been told.

Alice da Silva Aguiar, nine, Bebe King, six, and Elsie Stancombe, seven, were murdered at a Taylor Swift-themed class on 29 July last year by Axel Rudakubana, who was jailed for a minimum of 52 years.

He seriously injured eight more girls and two adults who had tried to stop him.

Nicholas Moss KC, counsel to the inquiry into the killings, said the purchase of weapons by Rudakubana – referred to by the inquiry throughout as AR – is “important because it will highlight vulnerabilities in the law against the purchase of knives, crossbows and machetes”.

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Southport: Parents of victims speak

Killer ‘used dad’s details to order knife’

On the purchase of weapons, Mr Moss said it is “also important because it is one significant factor in the questions which we need to explore with his family, particularly his parents”, asking “What did they know of the weapons purchases?”

The inquiry was told that his father or mother appeared to have taken delivery of the knife that was used in the attack, and that it was ordered via Amazon under an IP address suggesting the use of a Virtual Private Network.

Rudakubana used his father’s details instead of his own when ordering the knife, which was approved by Amazon because the name and address provided were those of an adult and matched up with credit check agency information.

A knife identical to the one Rudakubana used in the Southport attack. Pic: Merseyside Police
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A knife identical to the one Rudakubana used in the Southport attack. Pic: Merseyside Police

Mr Moss said the package was shipped to an “Ax Rud” at his home address near Southport, arriving at around 5.40pm on 15 July 2024.

Ring camera footage from the property of Rudakubana’s next-door neighbour showed the delivery, but the recipient could not be seen.

The driver entered the recipient’s year of birth as 1978 and confirmed that they appeared to be over the age of 25.

Rudakubana’s father’s date of birth is in 1975, and his mother’s is in 1972, Mr Moss told the hearing.

‘Parents accepted – and hid – weapon deliveries from son’

Mr Moss then said Rudakubana’s parents had accepted deliveries of weapons and hidden them from him on multiple occasions.

A machete taken by police after the attacks. Pic: Merseyside Police
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A machete taken by police after the attacks. Pic: Merseyside Police


A June 2023 delivery of a 22-inch machete – ordered using the driving licence of a woman named Alice born in 1991 and living in Sunderland – was found on top of the wardrobe in Rudakubana’s parents’ bedroom in sealed packaging.

In his statement to Merseyside Police after the attack, Rudakubana’s father said he had signed for a parcel containing knives that was addressed to someone with a British-sounding name, and he hid the parcel on top of his wardrobe despite his son asking for it.

An October 2023 order of a machete with a 16.5-inch blade – ordered using a driving licence for Samuel, a black man born in Nigeria in 1961, living in Uxbridge – was found by the police after Rudakubana’s prosecution, still in its packaging and unopened.

Rudakubana ordered a third machete that month, called a Kukri Congo 488 JKR with a blade length of 30.5cm from Huntingandknives.co.uk, again using Samuel’s driving licence.

That machete was found in the search of Rudakubana’s home in a black holdall under the bunk beds in his bedroom.

The inquiry is taking place at Liverpool Town Hall. File pic: PA
Image:
The inquiry is taking place at Liverpool Town Hall. File pic: PA

‘Parents scared of Rudakubana’s behaviour’

The inquiry heard that Rudakubana’s parents had a “fear” of their son’s response if they asked him questions about packages or attempted to tidy his room.

Mr Moss said they were scared that he may be violent towards them, towards his older brother or cause damage to the house, and that they had noticed a “marked deterioration” in his behaviour after being excluded from the Range School for possessing a knife in 2019.

“However, it may be said to be apparent that AR’s parents were aware of other aspects of AR’s conduct that might have been expected to give rise to a concern,” he added.

The inquiry has asked Rudakubana’s parents about any steps that they took to recover knives from their son, and whether they considered reporting the incident to the police or any other agency.

The inquiry continues.

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Labour peer Lord Glasman got a ‘discreet suggestion to shut up’ after warning No 10 about Mandelson

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Labour peer Lord Glasman got a 'discreet suggestion to shut up' after warning No 10 about Mandelson

A Labour peer has claimed he was “discreetly” told to “shut up” by Number 10 after issuing warnings about the appointment of Peter Mandelson as US ambassador.

Maurice Glasman, who was the only Labour figure to attend Donald Trump’s inauguration, said he was shown “photos of Peter Mandelson blowing out birthday candles with Jeffrey Epstein” while in the US in January.

The peer told Sophy Ridge on the Politics Hub that he reported this back to Downing Street, and was given a “discreet suggestion to basically shut up about that”.

Lord Mandelson was sacked as the UK’s ambassador to the US last Thursday after details of his close relationship with disgraced financier Mr Epstein emerged in the media.

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He had always admitted to having known Epstein, but emails between Lord Mandelson and the convicted paedophile showed the diplomat had sent messages of support even as the financier faced jail for sex offences in 2008.

Lord Glasman, who founded the Blue Labour movement in 2009 as a counter to New Labour, told Sophy that he “held the line” on Lord Mandelson even as he was presented with photographs of the ambassador and Epstein together.

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Peter Mandelson was sacked as the UK's ambassador to Washington on Thursday. Pic: PA
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Peter Mandelson was sacked as the UK’s ambassador to Washington on Thursday. Pic: PA

He said he “reported back to No 10, that really I would think again about this appointment because really [his dismissal] was bound to happen”.

“It was not out of the clear blue sky, was it?”

The peer said he was asked to send back a report on the matter, which he did, and “that was that”.

“I did say when I got back, I’d think again about this publicly. And then I did get a discreet suggestion to basically shut up about that. And I did.”

Sir Keir Starmer said on Monday he would have “never appointed” Lord Mandelson as US ambassador if he knew then what he knows now.

The prime minister said Lord Mandelson went through a proper due diligence process before his appointment.

But, he added: “Had I known then what I know now, I’d have never appointed him.”

Sir Keir said he knew before Prime Minister’s Questions on Wednesday that Lord Mandelson had not yet answered questions from government officials, but was unaware of the contents of the messages that led to his sacking.

He said Lord Mandelson did not provide answers until “very late” on Wednesday, which was when he decided he had to be “removed”.

Lord Mandelson has said he regrets his relationship with Epstein, claiming repeatedly he wishes they had never met.

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