Sexsomnia: Woman ‘heartbroken’ over CPS silence after rape case payout

A woman who sued the Crown Prosecution Service after her rape case was dropped amid claims she could have had an episode of “sexsomnia“ has failed to receive a promised outline of lessons learned from her case more than 150 days on.

Jade Blue McCrossen-Nethercott contacted police in 2017 after waking up and feeling she had been raped while she slept.

The charges were dropped days before the trial three years later because lawyers for the accused claimed Ms McCrossen-Nethercott had “sexsomnia”, a medically recognised but rare sleep disorder which causes a person to engage in sexual acts while asleep.

The Crown Prosecution Service ( CPS ) later admitted it was wrong to close the case, saying it should have been taken to trial. In August, the CPS apologised and agreed to pay the 32-year-old £35,000 in damages.

She said the service also promised to send her a formal letter outlining lessons learned from her case – something she said was a driving force behind her taking the CPS to court.

She said: “It’s been 64 days since I announced my successful case but 151 days since we settled.

“The letter is the main reason I took them to court. I initially wanted a face-to-face meeting to discuss what went wrong and to add a human level rather than me just being a case study. But I had to settle for a written acknowledgement.

“I wanted to hold them to account, to see what they had learned and how they can reduce the risk of this happening again.

“This wasn’t just about personal safety but also public safety. My perpetrator is still out there and has faced no real accountability. It’s so important they outline what they have learned to ensure this won’t be repeated.

“I wouldn’t have accepted the money if I thought they weren’t going to provide this letter. I wouldn’t have agreed to settle.”

Ms McCrossen-Nethercott, who has waived her right to anonymity, claimed she had been repeatedly told “it will be with you next week”.

She said: “I’ve been having to go through the Centre for Women’s Justice, which is unfair on them.

“Six weeks ago I was told I would receive it by the end of the week. Since then, it’s been ‘next week’, ‘next week’. There’s been no update.

“To say I’m angry is an understatement. I’m heartbroken. This undermines the entire settlement and feels like they have just dismissed it. I think it speaks volumes about their supposed commitment to change.”

In the year to March 2024, 65,913 rape cases were recorded by police in England and Wales (excluding Devon & Cornwall Police). Of these cases, just 2.6% have so far resulted in a suspect being charged or receiving a summons, according to Home Office figures.

Earlier this year, the Observer uncovered a rise in the use of sexsomnia as part of defence cases in criminal trials. It found 80 cases over the past 30 years where defendants accused of rape, sexual assault or child sexual abuse claimed to have been sleepwalking or suffering from sexsomnia.

On Thursday Ms McCrossen-Nethercott tweeted: “It’s been 64 days since I announced my successful case against the CPS. However, it’s now been 151 days since we settled, agreeing to a £35k settlement and, most importantly, a formal letter outlining the lessons learned – something that was pivotal to me throughout this process.

“Despite this, the CPS has yet to provide the promised letter. They refused to engage with me directly, avoiding a more meaningful, restorative conversation about the harm caused and what could be learned from it.

“Instead, I settled for a letter that was supposed to acknowledge these lessons, but it still hasn’t arrived.

“It breaks my heart that this commitment remains unmet. It makes a mockery of the case, the settlement, and any claims of sincerity in learning from their mistakes or recognising the damage they’ve caused to people like me. The disappointment is indescribable, but frankly, I’m furious.”

A CPS spokesperson said: “We have apologised unreservedly to Ms McCrossen-Nethercott and continue to wish her the very best.

“Earlier this year, a settlement was reached and we are in the process of finalising a formal letter which will be sent shortly.”