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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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Software issue impacts thousands of Airbus planes – as UK passengers warned of potential disruption

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Software issue impacts thousands of Airbus planes - as UK passengers warned of potential disruption

Airline passengers have been warned of potential travel disruption after Airbus identified a “significant number” A320 planes impacted by a software issue.

In a statement, the plane maker said: “Analysis of a recent event involving an A320 Family aircraft has revealed that intense solar radiation may corrupt data critical to the functioning of flight controls.

“Airbus has consequently identified a significant number of A320 Family aircraft currently in-service which may be impacted.”

File pic: iStock
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File pic: iStock

It is understood the incident that triggered an unexpected repair involved a JetBlue flight from Cancun, Mexico, to Newark, New Jersey, on 30 October, which suffered a sharp loss of altitude which injured several passengers.

An Airbus spokesperson told Sky News the necessary software change would affect up to 6,000 planes.

They added that for most of the affected aircraft, the required software update would take 2-3 hours. However, some aircrafts would need new hardware to be able to adopt the required software and that those aircraft would be affected for longer.

Travel expert, Simon Calder, said the situation was “very concerning” but that he had full faith in the safety procedures of Airbus and airlines. He went on to say that “aviation remains extraordinarily safe.”

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However, he warned that customers may not be entitled to cash compensation if affected by delays, as the issue would be considered out of the control of airlines.

EasyJet, British Airways, Aer Lingus, Lufthansa, American Airlines, Delta and Wizz Air are all affected by the issue.

Airbus told Sky News that it had proactively asked the European Union Aviation Safety Agency (EASA) to issue an air worthiness directive for the affected aircraft.

The issue is affecting A319, A320 and the A321 models. The company said the issue is only affecting A320s that are in service, not aircraft that are due to be delivered.

The UK Civil Aviation Authority said it is likely to mean some disruption and cancellation to flights.

Airbus requested that EASA issue an air worthiness directive. Pic: Reuters
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Airbus requested that EASA issue an air worthiness directive. Pic: Reuters

Some airlines will be more affected than others, Colombian airline Avianca has announced that it will close ticket sales for 10 days due to the issue.

In a statement, easyJet said: “As we are expecting this to result in some disruption, we will inform customers directly about any changes to our flying programme tomorrow and will do all possible to minimise the impact.”

American Airlines said the Airbus software issue would impact 340 aircraft and it expects some operational delays due to a major software change requirement.

The airline added that it expects the vast majority of the updates to be completed by “today or tomorrow”, and that they are “intently focused” on limiting cancellations.

Wizz Air said some of its flights over the weekend may be affected, while Air India said the issue could lead to delays.

Indigo, an Indian airline which operates over 150 A320s, said it was proactively completing mandated updates on the affected aircraft.

British Airways told Sky News that only three of its aircraft where affected and that the required fixes will be carried out overnight and are not expected to disrupt its operations.

Aer Lingus is in a similar position, with a limited number of aircraft impacted. The Airline doesn’t expect there to be significant operational disruption, but is taking “immediate steps to complete the required software installations”.

In October, the Airbus A320 family broke a major milestone when it overtook Boeing’s 737 to become the most-delivered jetliner in history.

This breaking news story is being updated and more details will be published shortly.

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Famous names affected by prostate cancer criticise NHS screening decision

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Famous names affected by prostate cancer criticise NHS screening decision

Famous names affected by prostate cancer have spoken of their disappointment after mass screening for the illness was not recommended for use on the NHS.

The National Screening Committee (NSC), comprised of doctors and economists, told the government that screening is “likely to cause more harm than good”.

Its decision means the NHS is unlikely to offer mass screening for men over the age of 45.

Six-time Olympic gold-medallist Sir Chris Hoy, former Prime Minister David Cameron, Sir Stephen Fry, actor and author Tony Robinson and journalist Dermot Murnaghan, who have all been diagnosed with the disease, spoke out after today’s decision.

David Cameron, Dermot Murnaghan and Sir Chris Hoy were among those who spoke out. Pic: PA/Shutterstock/AP
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David Cameron, Dermot Murnaghan and Sir Chris Hoy were among those who spoke out. Pic: PA/Shutterstock/AP

In a draft recommendation, the committee said the reason it was “not recommending whole population screening using the prostate specific antigen (PSA) test was that it was likely to cause more harm than good”.

Instead, it proposes a targeted screening programme every two years for men with specific genetic mutations, known as BRCA-1 and BRCA-2, between the ages of 45 and 61.

But Sir Chris, who confirmed last year that his prostate cancer diagnosis was terminal, with doctors giving him two to four years to live, criticised the move.

The former Team GB cyclist, who confirmed in February 2024 that he was undergoing treatment, said: “I am extremely disappointed and saddened by the recommendation announced by the National Screening Committee today to rule against national screening for men at high risk of prostate cancer.

“More than 12,000 men are dying of prostate cancer every year; it is now the UK’s most common cancer in men, with black men at double the risk, along with men with a family history, like myself.

“While introducing regular checks for men carrying the BRCA genes is a very small step forward, it is not enough. I know, first hand, that by sharing my story following my own diagnosis two years ago, many, many lives have been saved.

“Early screening and diagnosis saves lives. I am determined to continue to use my platform to raise awareness, encourage open discussion, raise vital funds for further research and support, and to campaign for change.”

Sir Chris Hoy. Picture: PA
Image:
Sir Chris Hoy. Picture: PA

His views were echoed by Lord Cameron, who this month announced he was treated for prostate cancer last year.

Lord Cameron said in a post on X: “I am disappointed by today’s recommendation on prostate cancer screening from the National Committee.

“Targeted screening is a natural first step – but the recommendation today is far too targeted, not including black men or men with a family history, both high-risk groups.

“Prostate cancer is the most common cancer among British men. We are letting down too many men if we don’t push for a wider screening programme that includes all high-risk groups – and not just the men involved, but their families too, who risk losing a loved one unnecessarily. As I know all too well, prostate cancer can be symptomless early on.

“That’s why screening is so essential – catching the cancers early when they can be more effectively and successfully treated, like in my own case.”

Former British Prime Minister David Cameron said he was treated for prostate cancer last year. (AP Photo/Alex Brandon)
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Former British Prime Minister David Cameron said he was treated for prostate cancer last year. (AP Photo/Alex Brandon)

Sir Tony, journalist Mr Murnaghan and retired footballer Les Ferdinand also voiced their disappointment after the decision.

Sir Tony, 79, who starred as Baldrick in Blackadder, said: “I’m bitterly disappointed. Getting an early diagnosis for prostate cancer could save your life, but we still have no screening programme for it in the UK.

“I was lucky I found my cancer early, but nearly 10,000 men a year are diagnosed too late for a cure, and that’s just not right.”

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Why prostate cancer screening not being expanded

Broadcaster Mr Murnaghan, 67, added: “With prostate cancer cases higher than they’ve ever been, and the disease dominating the national conversation, I really thought we were heading to an exciting moment here.

“I’m so disappointed that the committee has decided not to recommend screening – it felt about time progress was made for men.”

He added in a statement shared with Sky News: “An acceptable halfway house, would perhaps be to extend screening to black men – and those with a known history of cancer in their family. But clearly a full nationwide screening programme would be best.”

Sir Stephen, who is a Prostate Cancer Research ambassador who revealed in 2018 he had undergone surgery after being diagnosed with the disease, said: “I’m deeply disappointed by today’s news. Men in the UK deserve so much better. Prostate cancer remains the second biggest cancer killer of men in this country, with more than 12,000 dying every year.

“The only way we will make a dent in that appalling statistic is by catching prostate cancer early, before symptoms appear – and the best way to do that is through a screening programme. I hope the country sees sense.”

Retired footballer Les Ferdinand also voiced his concerns over the decision. Pic: Reuters
Image:
Retired footballer Les Ferdinand also voiced his concerns over the decision. Pic: Reuters

Mr Ferdinand, whose grandfather died from prostate cancer, added: “I’ve seen members of my family survive prostate cancer, because their cancer was found in time.

“Without a national screening programme, the responsibility to find prostate cancer early and in time for a cure rests entirely on men’s shoulders, and it shouldn’t be this way.

“Black men are at double the risk of prostate cancer and twice as likely to die, and something has to be done.”

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Prostate cancer decision ‘a massive mistake’

Colin McFarlane, an actor who was diagnosed with prostate cancer in 2023, told Sky News presenter Jonathan Samuels the decision was a “massive mistake”.

“I’ve been diagnosed with prostate cancer, but I’m not having any treatment. I have something called active surveillance, so every three months I have a PSA blood test, and then once a year I have an MRI,” he said.

McFarlane said black men over the age of 45 are at high risk, and “should be invited for screening”. He added: “I personally think men over 50 should be invited for screening, because they’re also at risk. I’m concerned now for all the black men out there who are high risk.”

NSC added it did not recommend extensive screening for black men due to a current lack of evidence and data.

The committee also does not recommend targeted screening for men with a family history of the disease, who are also at a higher risk of prostate cancer.

The National Screening Committee is comprised of doctors and economists. File pic: iStock
Image:
The National Screening Committee is comprised of doctors and economists. File pic: iStock

Health Secretary Wes Streeting said he would consider the findings ahead of March’s final decision, adding that he wanted to see earlier diagnosis and quicker treatment, but that needed to be balanced against “the harms that wider screening could cause to men”.

Prostate cancer symptoms and treatment

  • According to the NHS, prostate cancer is most common in men over the age of 50 from a black African or Caribbean background.
  • Its severity is determined by whether it spreads to other parts of the body.
  • It does not usually have any signs or symptoms at first, but later signs can include back, hip or pelvis pain, or difficulty maintaining an erection.
  • Problems urinating can also be a sign of other prostate problems.
  • Treatments for prostate cancer include surgery, radiotherapy and hormone therapy.
  • However, the NHS says it does not always require treatment.

Professor Sir Mike Richards, a former national cancer director and chairman of the NSC, told a briefing that modelling on PSA shows “whole population screening may lead to a small reduction in prostate cancer deaths, but the very high levels of overdiagnoses” means the harms outweigh the benefits.

Experts are also waiting to see data from a large trial launched by Prostate Cancer UK last week into whether combining PSA with other tests, such as rapid MRI scans, may lead to recommending population-wide screening.

Read more from Sky News:
Why prostate cancer is expected to be left without national screening

Scotland to roll out ‘simple’ genetic test

The trial is looking at the most promising screening techniques available, including PSA blood tests, genetic tests and 10-minute MRI scans, and whether they can be combined for a national screening programme.

The results will be ready within two years, it is hoped.

Mr Streeting added: “In the meantime, we will keep making progress on cutting cancer waiting times and investing in research into prostate cancer detection – in the last 12 months, 193,000 more patients received a diagnosis for suspected cancer on time.

“We are also providing funding to the £42m TRANSFORM trial, which has the potential to revolutionise prostate cancer screening, cutting out harmful side effects and making screening far more accurate.”

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Delivery driver who killed girl, 7, in head-on crash in Lincolnshire jailed for six years

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Delivery driver who killed girl, 7, in head-on crash in Lincolnshire jailed for six years

A delivery driver who killed a seven-year-old girl in a head-on crash during a dangerous overtake manoeuvre in Lincolnshire has been jailed for six years.

Veselin Dudenski, 39, was out delivering parcels when his white Citroen Relay van struck a blue Kia Rio carrying Elsie Gascoigne in the back seat.

The incident happened in Metheringham Heath Lane, Nocton, on the evening of 3 January this year.

Elsie died the next day in hospital.

Her father, who was driving the car and had taken her shopping and to McDonald’s before the crash, suffered fractures to his breast bone, lower back and arm, including a “major injury with significant long-term implications”.

The defendant, a professional van and lorry driver for 17 years, was banned from driving for eight years during Friday’s sentencing at Lincoln Crown Court.

Veselin Dudenski. Pic: Lincolnshire Police/PA
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Veselin Dudenski. Pic: Lincolnshire Police/PA

Dudenski, who the court heard has a young child, is likely to face automatic deportation as he is a foreign national.

He pleaded guilty at an earlier hearing to causing death by dangerous driving and causing serious injury by dangerous driving in relation to Elsie’s father.

Prosecutor Claire Holmes told the court: “[The defendant] made a dangerous overtake of an unknown vehicle. At the time he overtook this vehicle, he was approaching a hidden dip in the road.

“There were warnings of the dip, namely a road sign and road markings. A careful and competent driver should have been fully aware of the hidden dip.”

Read more from Sky News:
Robber who killed pensioner for cottage pie jailed for murder
National prostate cancer screening not recommended on NHS

She said a warning sign about a hidden dip stood 425m from the crash site and noted if the defendant had waited to overtake, he would have seen the oncoming Kia.

The hearing was attended by members of Elsie’s family.

In a statement read to the court, Elsie’s parents said she was “bright, loving, funny and full of life”.

“Losing Elsie is not just the loss of a child, it’s the loss of our entire future,” they said.

“We have lost her laughter, her dreams and everything she would have become.”

Defending Dudenski, Charles Myatt told the court the defendant believed the road was clear as he started the overtake.

Mr Myatt said the defendant was usually a “decent, law-abiding driver” who made a “catastrophic error of judgement”.

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