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Woman wins £35,000 payout after sleep experts' 'sexsomnia' claims saw rape case dropped by CPS
15 August 2024, 14:33
A woman has received £35,000 in damages after her rape case was dropped following claims an episode of “sexsomnia” could be to blame.
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Jade Blue McCrossen-Nethercott, 32, contacted police in 2017 claiming she believed she had been raped while asleep on a friend's sofa.
The report came after she awoke to find herself half-naked, later finding her necklace broken on the floor.
Following her report, a man was charged, later answering 'no comment' to police when questioned about the alleged incident.
However, on the eve of the trial in 2020, the case was abruptly dropped by the CPS following suggestions from sleep experts that sexsomnia could be to blame.
Neither of the two sleep experts giving evidence had met with or spoken to the victim prior to the case being dropped.
Sexsomnia is a rare disorder that cause a person to engage in sexual acts while sleeping, with the experts suggesting episodes could
Ms McCrossen-Nethercott has now received compensation from the CPS, which said it has “apologised unreservedly”.
Despite never appearing before a jury, the defendant in the case was later formally acquitted.
Ms McCrossen-Nethercott has since been told the rape allegation initially dropped by the CPS cannot be reopened, following the not guilty verdict.
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Despite her protests that she did not have sexsomnia, experts could not rule out the possibility.
During an interview with police, Ms McCrossen-Nethercott mentioned in passing that she had sleepwalked a few times during her teenage years.
The not guilty verdict means the case cannot be reopened without fresh evidence.
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.”