A woman, whose accused rapist avoided prosecution by citing a rare sleep disorder, commended the efforts to prevent such injustices in the future. Jade Blue McCrossen-Nethercott, who successfully sued the Crown Prosecution Service (CPS), emphasized the importance for survivors to have the ability to challenge non-prosecution decisions. Solicitor General Ellie Reeves announced the extension of a program allowing victims of sexual crimes to request a review by a second prosecutor, aiming to address the issue of cases being closed prematurely.
In 2020, Jade discovered that her alleged assailant would not face trial due to claims of a condition called “sexsomia,” where individuals engage in sexual acts while asleep. Following this revelation, the CPS issued an apology for not proceeding with the case. Jade reflected on her personal ordeal, underscoring the finality of decisions to halt cases even when unresolved questions linger. She highlighted the significance of empowering survivors with early opportunities to challenge such decisions, drawing on the positive impact observed in the West Midlands region.
Recent initiatives in the West Midlands have allowed survivors to demand a review if the initial prosecutor deems a conviction unlikely. The government’s plan involves expanding this pilot to the North West, followed by Yorkshire and Humberside, and later to Wales. Siobhan Blake, National CPS Lead for Rape and Serious Sexual Offences, emphasized the distress victims experience when justice eludes them, stressing the need for meticulous decision-making processes by prosecutors.
Jade’s legal battle resulted in a rare compensation award in 2024 after reporting her attacker in 2017, only to face setbacks from unfamiliar sleep experts’ testimonies. While cases can be terminated if prosecution prospects diminish, the enhanced pilot now offers a chance for a different prosecutor to review evidence before making a final determination, potentially allowing proceedings to advance.
Solicitor General Reeves reiterated the government’s commitment to combating violence against women and supporting victims, emphasizing the importance of survivors feeling heard and supported in seeking justice. The expansion of the review scheme responds to survivors’ feedback, offering reassurance that their cases will be reconsidered before final decisions are made, aiming to enhance trust in the justice system and provide more avenues for seeking justice.
