Payout after rape case was dropped over ‘sexsomnia’ claims

A woman has been awarded £35,000 in compensation from the Crown Prosecution Service after her rape case was dropped over claims she had sexsomnia.
Jade Blue McCrossen-Nethercott, now 32, reported to police that she believed she had been raped while asleep after a night out with friends in 2017.
A suspect was charged, only for her to be told days before the trial was due to start in 2020 that it would not proceed as the defence claimed she had experienced an episode of sexsomnia. Sexsomnia is a rare sleep disorder where a person engages in sexual activity while they are asleep.
The defendant was acquitted but in 2021 McCrossen-Nethercott appealed through the victim’s right to review system and received a letter of apology from a chief crown prosecutor saying the case should have been taken to trial.
McCrossen-Nethercott told the BBC that the Crown Prosecution Service (CPS) took her to “the darkest points of [her] life” and that their decisions had been more damaging than the night of the incident. She said she decided to sue the CPS because she wanted accountability and to ensure similar mistakes were not made again.
McCrossen-Nethercott, who has waived her right to anonymity, said: “I’m very much wanting to push for systemic changes with the CPS and the legal system advocating for better training, policies, procedures and practices.”
The CPS said it had apologised unreservedly and that “there is still a long way to go to improve outcomes for victims”.
• It felt like victim-blaming, says woman in ‘sexsomnia’ case
The Centre for Women’s Justice (CWJ), McCrossen-Nethercott’s lawyers, said that payouts from the CPS were extremely rare. Kate Ellis, joint litigation lead at the CWJ, said her case was the first she was aware of in which a rape victim had been awarded compensation by the CPS over a decision to discontinue a case before trial.
When the case did not go to trial, the CPS said that two sleep experts had provided their opinion after a police interview with McCrossen-Nethercott about her sleep but without speaking to her themselves.
McCrossen-Nethercott said she did not have the condition, but the experts could not rule out the possibility that she had experienced an isolated episode.
The CPS said: “A settlement has been reached with Ms McCrossen-Nethercott, to whom we have apologised unreservedly, and we continue to wish her the very best going forward.
“We are committed to improving every aspect of how life-changing crimes like rape are dealt with and are working closely with police from an early stage to ensure we focus on the behaviour and actions of the suspect, not the victim.
“We remain positive about the progress being made and recognise there is still a long way to go to improve outcomes for victims, so more people can come forward and report with confidence.”
In 2023-24 there were 34.4 per cent more charges for adult rape in England and Wales than in 2022-23, according to the CPS. The CPS charged 2,572 suspects, up from 1,914.
According to the CWJ, McCrossen-Nethercott is still awaiting a letter detailing the lessons the CPS have learnt from her case and the actions it has taken since.
The CWJ has invited the CPS to review the victim’s right to review scheme, saying it “does not work” in cases like this where the court decision cannot be reversed.
McCrossen-Nethercott said: “This has always been a fight, not just for myself and my case — but for all victims and the public’s safety. My goal has always been to raise awareness and improve rape prosecutions in this country, ensure that victims’ voices are heard, and to make sure every victim knows they have the power to make themselves heard.
“My aim remains to push for systemic changes within the CPS and the legal system, advocating for better training, policies, and practices when handling rape cases. This includes strengthening the Victims’ Right to Review process, addressing the issue of sexsomnia in the legal system, and providing greater guidance surrounding the role of expert witnesses.”