Jade Blue McCrossen-Nethercott, 34, received £35,000 in compensation after her rape case was dropped amid claims she may have experienced an episode of “sexsomnia.” Her campaign has now led to a major change in how the Crown Prosecution Service (CPS) handles rape and sexual assault cases, giving victims a “second chance” before cases are closed.
What happened
In 2017, after a night out with friends, Jade woke up on a sofa with the feeling she had been raped while asleep. She reported it to the police the same day. The suspect offered no comment when questioned, and the CPS charged him with rape.
However, in 2020, just days before the trial was due to start, the CPS told Jade the case would not proceed because the defence claimed she could have had an isolated episode of sexsomnia. Two sleep experts gave opinions based on a police interview about her sleep habits, but neither had met or spoken to Jade. Although Jade said she does not have sexsomnia, the experts could not rule out a single episode on the night of the incident.
The defendant was formally acquitted without ever appearing before a jury, meaning the case could not be reopened without compelling new evidence.
Impact on victims
Jade described the CPS decisions as “more damaging” than the night of the incident, saying the legal process turned her world “upside down.” In 2021, she lodged an appeal via the CPS victim’s right to review system. A chief crown prosecutor, independent of the original department, sent a letter of apology admitting the CPS was wrong to close the case and that it should have gone to trial.
Jade sued the CPS for accountability, aiming to ensure “similar mistakes [were] not made again in these kind of rape cases.” Five years later, her efforts have transformed CPS procedures.
National rollout
The early Victims’ Right to Review pilot was trialled in the West Midlands for a year and is now being rolled out nationally across England and Wales. Under the new system, victims can demand a case be reviewed before it is dropped, providing a “second chance” to challenge decisions.
Jade said: “The Crown Prosecution Service's (CPS) commitment to roll out the early Victims' Right to Review pilot nationally is a landmark moment for victims and survivors. For many victims, the decision to end a case can feel final, leaving unanswered questions and few opportunities to challenge the outcome. My own experience showed me how devastating it can be when a review comes too late to make a difference, even when mistakes are later identified.”
She added: “This pilot recognises that victims deserve the opportunity to have decisions reconsidered before they become final. I am incredibly encouraged to see the CPS commit to rolling this pilot out nationally. It shows that when victims are given the opportunity to be heard, their experiences can help shape a fairer and more responsive justice system for others.”
