A woman who had her rape case dropped after the Crown Prosecution Service (CPS) told her that she must have had sex “whilst in her sleep”, has been awarded £35,000 in compensation.
Jade Blue McCrossen-Nethercott, now 32, contacted police back in 2017, after she woke up to discover she was half-naked and found her necklace broken on the floor. The then-24-year-old told officers that she believed that she had been raped whilst asleep.
Three years later, the charges were dropped by the CPS just days before a trial was about to start, after lawyers for the alleged perpetrator claimed that McCrossen-Nethercott had “sexsomnia” – a rare disorder where sleepwalkers engage in sexual acts while asleep.
The case was then closed and the defendant acquitted.
Jade Blue McCrossen-Nethercott told officers in 2017 that she believed she had been raped whilst asleep PAThe CPS has now admitted that it was wrong to drop the case, stating that it should have been taken to trial. The agency has since apologised to the 32-year-old and paid her £35,000 in damages.
A spokesperson 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.”
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Jade Blue McCrossen-Nethercott won £35,000 in compensation
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The 32-year-old said the CPS had “taken me to the darkest points of my life”, and that it felt “like a big triumph to be able to hold them accountable”.
“It has taken a lot from me, but I held on to a lot of positives. I am really proud of the work that both myself and the Centre for Women’s Justice have done to get to this point,” she added.
Her lawyers said that claims from victims against the agency were “difficult legally” and that payouts are “extremely rare”.
“This is the first case of which I’m aware in which a rape victim has been awarded compensation by the CPS in relation to a decision that’s been taken to discontinue their case before trial,” she said.
“It’s a testament to how severe the failing was on the part of the CPS that we have been able to bring this claim.”
McCrossen-Nethercott’s journey to overturn the CPS’ decision was documented in the BBC Three series: Sexsomnia: Case Closed?, which aired in 2022.
After waking up at 5am half-naked, she accused the man she was with of raping her.
“I confronted him, saying: ‘What’s happened? What have you done?’ And he said something a bit odd, I guess, but he did say: ‘I thought you were awake.’ And he just bolted out, basically, and left the door open,” she told the broadcaster.
The CPS has since apologised and given McCrossen-Nethercott £35,000 in damages
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Police took her for forensic tests where semen belonging to the man was detected via vaginal swabs.
The suspect offered no comment when questioned and in 2020, the CPS made the decision to charge him with rape, after two sleep experts gave their opinion on the case. She claims that neither expert met or spoke to her.
The agency also referenced a police interview with McCrossen-Nethercott where they discussed her sleeping habits. The 32-year-old insisted that she did not have sexsomnia however the experts did not rule out the possibility that she may have had an isolated incident.
In 2021, McCrossen-Nethercott lodged an appeal through the CPS victims’ right to review system, to which she received a letter of apology from a chief crown prosecutor, independent of the CPS department.
She told the broadcaster: “It’s a big triumph. It’s been a long time coming and a real battle to get to this part in my justice journey. But I am feeling a sense of triumph, relief. There’s a line in the sand now.
“I feel like some justice has been served in some form – not how I’d originally anticipated – but it certainly feels that this is a positive outcome and I’m really pleased that I’ve managed to hold the CPS accountable essentially for their failure to prosecute my rapist.
“The settlement is bittersweet really. It’s not really about the financial side for me. It’s more so holding the CPS accountable and ensuring that they don’t make these mistakes again. Unfortunately I’m still yet to receive my lessons-learned letter from the CPS.”