Major Reform Gives Sexual Assault Survivors Greater Power to Challenge Prosecution Decisions
The Solicitor General has unveiled significant changes to prevent rapists evading justice, as survivors express relief at new measures designed to address systemic failures in sexual assault cases.
Landmark Legal Case Spurs Systemic Change
Jade Blue McCrossen-Nethercott, who successfully sued the Crown Prosecution Service after her alleged rapist was never prosecuted, has welcomed the expansion of victim review rights. Her case highlighted critical flaws in how sexual assault prosecutions are handled, particularly when defendants raise unusual medical defences.
"My own experience showed me how final a decision can feel when a case is stopped, even when important questions remain," said McCrossen-Nethercott. "A later review found that my case should have gone forward, but it came too late to change the outcome. That's why having an earlier opportunity to challenge a decision matters."
In 2020, McCrossen-Nethercott learned her alleged attacker would not face trial after his defence team claimed she experienced "sexsomnia," a rare sleep condition where people perform sexual acts while asleep. The CPS later apologised for not proceeding with the case, and in 2024, she was awarded £35,000 in a rare compensation ruling.
Expanded Pilot Scheme Offers Earlier Intervention
Solicitor General Ellie Reeves announced today that a project allowing sexual crime victims to seek review by a second prosecutor will expand significantly. The scheme, which began in the West Midlands last summer, will now extend to the North West this month, followed by Yorkshire and Humberside in February and Wales in April.
"Rape and sexual assault are abhorrent, causing long-lasting physical and emotional trauma to victims," said Reeves. "Those scars deepen when brave survivors who come forward see their cases closed without ever getting to court. Victims who come forward deserve to know that their experiences are being heard."
The crucial difference between the new scheme and existing review processes is timing. While victims can currently request reviews under the Victims' Right to Review scheme, this typically occurs after final decisions are made and cannot change outcomes. The expanded pilot allows a different prosecutor to review evidence before a final decision is reached, maintaining the possibility of continuing proceedings.
Systemic Failures and the Path to Reform
McCrossen-Nethercott reported her alleged attacker to police in 2017, but the prosecution collapsed due to evidence from sleep experts she had never met. She described this period as one of the darkest points of her life, highlighting how survivors can feel betrayed by the justice system designed to protect them.
Siobhan Blake, National CPS Lead for Rape and Serious Sexual Offences, acknowledged the profound impact of such failures: "For survivors of rape and sexual offences, the possibility that their abuser may never face justice can be deeply distressing. Victims deserve absolute confidence that every decision is made with care and expertise. Our specialist prosecutors usually get it right first time, but when we don't — and a case that could have continued is stopped — an apology alone can never feel like justice."
Government Commitment and Future Implementation
The expansion forms part of the government's broader strategy to halve violence against women and girls, placing survivors at the centre of criminal justice reforms. Reeves emphasised that feedback from the West Midlands pilot has been instrumental in driving the scheme's expansion.
"Since launching in the West Midlands, survivors have told us this is exactly what they need — the chance to have their case reconsidered before a final decision is reached," said Reeves. "That feedback has been powerful, and it has driven our determination to expand this scheme further. This expansion will increase routes to justice and restore confidence in the criminal justice system."
McCrossen-Nethercott highlighted the psychological importance of the reforms: "Learning from the West Midlands shows that giving survivors this option at the right moment can make a real difference, with many saying that simply knowing the option exists helps."
The changes represent a significant shift in how sexual assault cases are handled, addressing long-standing concerns about premature case closures and giving victims greater agency in the prosecution process.
