CWJ’s client, Jade Blue McCrossen-Nethercott has accepted £35,000 in compensation from the Crown Prosecution Service (CPS) following their decision to drop her case two weeks before the trial against her alleged rapist was due to commence.
In March 2017, Jade reported to officers from the Met police that she believed she had been raped while she slept on the sofa at a friend’s house. After a lengthy investigation, in July 2019 the CPS finally confirmed that they would charge the suspect with rape. However, less than two weeks before the trial was due to commence – and nearly four years after she reported the crime – the CPS informed her that they intended to offer no further evidence at trial and close her case*. This resulted in the accused being formally acquitted. It meant that he could never be tried again for this crime in the future, so this decision meant Jade lost the opportunity to ever see her alleged attacker tried.
The reasons for this irreversible decision were set out in a letter from the CPS. The letter explained that the accused had put forward a defence that Jade must have suffered an episode of ‘sexsomnia’ – a rare type of parasomnia which causes a person to engage sexual activity in their sleep but appear awake – during the sexual encounter which led him to believe she was consenting. The accused only made this claim after Jade’s medical records were disclosed which showed she had a couple of episodes of sleepwalking as a teenager. Expert evidence was then obtained by both the prosecution and the defence. Neither experts could discount the possibility that Jade had suffered an episode of sexsomnia. Prosecutors concluded on this basis that the full code test was no longer met.
Jade was offered a Victim’s Right to Review (VRR)**, although it was too late to change the prosecution’s decision. After the submission of detailed written representations in support of her VRR, an independent prosecutor concluded in April 2021 that the decision to stop the prosecution had been “wrong” the expert evidence upon which the defendant relied was based on his own account – one that should have been open to challenge. Because the CPS decision could not be reversed the only remedy available to Jade was an acknowledgement it was wrong and an apology.
Given the limited remedies, Jade took the decision to initiate legal proceedings against the CPS in 2021. After nearly three-years the CPS have finally settled her civil claim against them for £35,000 plus payment of her legal costs. Jade is still awaiting a letter detailing the lessons the CPS have learnt from Jade’s case and the actions the CPS have taken since.
What needs to change?
The Victim’s Right to Review Scheme as it stands just does not work in cases like Jade’s, as the outcome of request is purely academic as the decision cannot be reversed.
Centre for Women’s Justice (CWJ) have invited the CPS to review the operation of the scheme, so that where possible a victim can be given an effective right of review and opportunity to reverse a potentially wrong decision.
Jade Blue McCrossen-Nethercott said:
“Firstly, I want to thank the incredible Centre for Women's Justice for this remarkable outcome. Their dedication, expertise, and tenacity have been instrumental in holding the CPS to account and securing this successful outcome.
“I also want to express my appreciation to the BBC for their unwavering support throughout this process, enabling me to find my voice and share my first-hand experience through our documentary, Sexsomnia: Case Closed?
“This has always been a fight, not just for myself and my case - but for all victims and the public's safety. My goal has always been to raise awareness and improve rape prosecutions in this country, ensure that victims' voices are heard, and to make sure every victim knows they have the power to make themselves heard.
“My aim remains to push for systemic changes within the CPS and the legal system, advocating for better training, policies, and practices when handling rape cases. This includes strengthening the Victims' Right to Review process, addressing the issue of sexsomnia in the legal system, and providing greater guidance surrounding the role of expert witnesses.”
Kate Ellis, a solicitor at CWJ, who represented Jade, said:
“Claims from victims against the CPS are difficult legally and 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.”
Harriet Wistrich, Director of CWJ, said:
“We pay tribute to Jade for her courageous battle to hold the CPS accountable and her work to change the system, so that other victims are less likely to be denied justice in the future.
“A lasting tribute would be for the CPS to introduce a meaningful mechanism enabling victims to challenge decisions to offer no further evidence in sexual offence cases, so that wrong decisions can be reversed before it is too late”.
ENDS
**The VRR Scheme enables victims to ask for a decision by the police or the Crown Prosecution not to charge their perpetrator to be reviewed by another officer or prosecutor to assess if the decision was the wrong. The right also arises if the Crown Prosecution Service has decided to discontinue a prosecution or offered no evidence.