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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
Image:
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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Starmer vows to fight any plots to oust him – as Labour MPs fear major budget backlash

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Starmer vows to fight any plots to oust him - as Labour MPs fear major budget backlash

Sir Keir Starmer is vowing to fight any challenge to his leadership rather than stand aside, amid claims of plotting by MPs being compared to TV’s The Traitors.

Number 10 is going on the attack ahead of a difficult budget this month, with fears it could prove so unpopular that Labour MPs may move against Sir Keir.

But Sky News political editor Beth Rigby reports the prime minister “has no intention of giving way”, with allies warning any challenge would lead to a “drawn-out leadership election, spook the markets, and create more chaos that further damages the Labour brand”.

One senior figure told Rigby any move against Sir Keir would be more likely to arrive after next May’s elections, rather than the budget.

They said many Labour MPs could probably get behind measures like tax rises for wealthier workers, pensioners and landlords, as well as scrapping the two-child benefit cap, if that’s what the chancellor announces on 26 November.

But there are a series of potentially damaging elections in May, including in London and for the Senedd in Wales, as Labour face a challenge from Reform UK on the right and parties like the Greens and Plaid Cymru on the left.

Rigby said there is a “settled view among some very senior figures in the party that Starmer lacks the charisma and communication skills to take on Nigel Farage and win over the public, particularly if or when he breaks a bunch of manifesto pledges”.

Sir Keir and Rachel Reeves have refused to rule out breaking their manifesto promises not to raise income tax, national insurance, or VAT at the budget.

The Number 10 operation to ward off a challenge comes after Sky News deputy political editor Sam Coates likened the febrile mood in the Labour high command to the TV hit The Traitors.

Speaking on the Politics At Sam And Anne’s podcast, he said: “A minister got in touch at the start of the weekend to say they believe that there’s some quite substantial plotting going on.

“They say there was at least one cabinet minister telling colleagues that Keir Starmer, and I quote, is finished.”

We’ve been here before…


John Craig

Jon Craig

Chief political correspondent

@joncraig

When Boris Johnson was facing mutiny from Conservative MPs, his allies launched “Operation Save Big Dog”.

When Margaret Thatcher was about to be ousted by her rebellious MPs in 1990, she declared: “I fight on, I fight to win.”

And Harold Wilson, constantly paranoid about plots, famously quipped in 1969: “I know what’s going on. I’m going on.”

Boris Johnson was ousted less than six months after “Operation Save Big Dog”, Margaret Thatcher resigned the following morning after saying “I fight on”, and Harold Wilson lost a general election to Edward Heath a year after vowing that he would go on.

Just saying.

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Coates said the cabinet minister “absolutely and totally denies they are up to anything nefarious whatsoever”.

“I actually do think that this is all in the style of The Traitors, because I’m not sure that there is hard and fast evidence of plotting – there might be some hints from some quarters,” he added.

“But what seems to be completely logical is that if you’re a bit worried in Number 10, you’re trying to pitch roll and ward off people who are maybe thinking about the need to position themselves by starting to get out rumours of plots and hoping that the political system turns against them for disloyalty.”

Who is plotting to unseat the PM? Pic: PA
Image:
Who is plotting to unseat the PM? Pic: PA

Cloak-and-dagger

Reports emerged on Tuesday night in The Times, The Guardian, and from the BBC of a “bunker mode” in Number 10, “regime change”, and “plotting” to replace Sir Keir.

Responding to the reports, Health Secretary Wes Streeting denied he was seeking to oust the prime minister.

A spokesperson for Mr Streeting told Sky News: “These claims are categorically untrue.

“Wes’s focus has entirely been on cutting waiting lists for the first time in 15 years, recruiting 2,500 more GPs and rebuilding the NHS that saved his life.”

It's not me, insists Wes Streeting. Pic: Reuters
Image:
It’s not me, insists Wes Streeting. Pic: Reuters

However, there is clearly a co-coordinated campaign by allies of the increasingly unpopular Sir Keir to try to prevent a leadership challenge by a cabinet minister or stalking horse.

Sir Keir’s biographer Tom Baldwin questioned the logic of those briefing from within the corridors of power.

“I’m at a loss to understand why anyone would think this sort of briefing will help Keir Starmer, the government, or even their own cause,” he said on social media. “Some people just can’t resist, I guess, but it’s all a bit nuts.”

What next?

It comes ahead of Prime Minister’s Questions this lunchtime, handing Tory leader Kemi Badenoch the chance to make it an awkward afternoon for Sir Keir.

The health secretary will start his day on Sky News’ Morning With Ridge And Frost and will then speak at an NHS providers’ conference.

Watch and follow live coverage across Sky News – including in the Politics Hub.

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Government to reconsider whether to give compensation to Waspi women

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Government to reconsider whether to give compensation to Waspi women

A decision not to award compensation to the Waspi women will be reconsidered by the government because of undisclosed “evidence”, the Work and Pensions Secretary has said.

Waspi women – Women Against State Pensions Inequality – are those born in the 1950s who say they were not given sufficient warning of the state pension age for women being lifted – to be in line with men – from 60 to 65.

Politics Live: Who are the Waspi women and what happened to them?

They have long argued that this was done too quickly, leaving some women financially unprepared to cope with the number of years when they were no longer able to claim their state pension.

The government said in December that they would not be compensated, because most women knew the changes were coming.

Waspi campaigners at a protest in Westminster in October last year. Pic: PA
Image:
Waspi campaigners at a protest in Westminster in October last year. Pic: PA

But Pat McFadden told the Commons on Tuesday: “Since then, as part of the legal proceedings challenging the government’s decision, evidence has been cited about research findings from a 2007 report.”

The cabinet minister was referring to the rediscovery of a 2007 Department for Work and Pensions evaluation which had led to officials stopping sending automatic pension forecast letters out.

Mr McFadden said: “In light of this, and in the interest of fairness and transparency, I have concluded that the government should now consider this evidence. This means we will retake the decision made last December as it relates to the communications on State Pension age.”

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Around 3.6 million women were impacted by the change to the state pension age. The government has previously said compensating them could cost £10.5bn.

Mr McFadden stressed that reviewing the decision should not be taken as an indication that the government will “decide that it should award financial redress”.

Angela Madden, the chair of Waspi, said the decision was a “major step forward”.

“The government now knows it got it wrong, and we are pleased they are now trying to do it properly,” she said.

“The only correct thing to do is to immediately compensate the 3.6 million Waspi women who have already waited too long for justice.”

The decision to refuse compensation was made despite a recommendation by the Parliamentary and Health Service Ombudsman (PHSO) that the women should be paid up to £2,950 each.

The PHSO’s findings are not binding, and last year the then-work and pensions secretary Liz Kendall said that the cost could not be justified as most women knew about the changes.

Sir Keir Starmer also said compensation would “burden” the taxpayer.

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New law could help tackle AI-generated child abuse at source, says watchdog

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New law could help tackle AI-generated child abuse at source, says watchdog

Groups tackling AI-generated child sexual abuse material could be given more powers to protect children online under a proposed new law.

Organisations like the Internet Watch Foundation (IWF), as well as AI developers themselves, will be able to test the ability of AI models to create such content without breaking the law.

That would mean they could tackle the problem at the source, rather than having to wait for illegal content to appear before they deal with it, according to Kerry Smith, chief executive of the IWF.

The IWF deals with child abuse images online, removing hundreds of thousands every year.

Ms Smith called the proposed law a “vital step to make sure AI products are safe before they are released”.

An IWF analyst at work. Pic: IWF
Image:
An IWF analyst at work. Pic: IWF

How would the law work?

The changes are due to be tabled today as an amendment to the Crime and Policing Bill.

The government said designated bodies could include AI developers and child protection organisations, and it will bring in a group of experts to ensure testing is carried out “safely and securely”.

The new rules would also mean AI models can be checked to make sure they don’t produce extreme pornography or non-consensual intimate images.

“These new laws will ensure AI systems can be made safe at the source, preventing vulnerabilities that could put children at risk,” said Technology Secretary Liz Kendall.

“By empowering trusted organisations to scrutinise their AI models, we are ensuring child safety is designed into AI systems, not bolted on as an afterthought.”

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AI child abuse image-maker jailed

AI abuse material on the rise

The announcement came as new data was published by the IWF showing reports of AI-generated child sexual abuse material have more than doubled in the past year.

According to the data, the severity of material has intensified over that time.

The most serious category A content – images involving penetrative sexual activity, sexual activity with an animal, or sadism – has risen from 2,621 to 3,086 items, accounting for 56% of all illegal material, compared with 41% last year.

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The data showed girls have been most commonly targeted, accounting for 94% of illegal AI images in 2025.

The NSPCC called for the new laws to go further and make this kind of testing compulsory for AI companies.

“It’s encouraging to see new legislation that pushes the AI industry to take greater responsibility for scrutinising their models and preventing the creation of child sexual abuse material on their platforms,” said Rani Govender, policy manager for child safety online at the charity.

“But to make a real difference for children, this cannot be optional.

“Government must ensure that there is a mandatory duty for AI developers to use this provision so that safeguarding against child sexual abuse is an essential part of product design.”

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