image source, JADE MCCROSSEN-NETHERCOTT
Jade McCrossen-Nethercott
28 minutes ago
by Emma Els
BBC news
The UK’s Crown Prosecution Service (CPS) Order not to sue for sexual harassment against Jade McCrossen-Nethercott After experts claimed she had a rare sleep problem known as sexsomnia.
For this reason, the CPS does not believe that there is sufficient evidence to prove the guilt of the accused. But Jade didn’t agree with that decision. she and then she spent several months investigating the facts on this matter.
At this point, the CPS admitted making the mistake of not taking the case to court and apologized unconditionally.
But how did that mistake come about? The BBC has been following the story of the case as it proceeds.
One day in the spring of 2017, Jade woke up on Sunday night. I found myself lying on the sofa in one of the rooms. south of london in her naked body. Her broken necklace was left on the ground.
A 24 year old woman originally from St Ives in Cornwall. She felt strongly that she was sexually harassed and she believed she was raped in her sleep.
image source, JADE MCCROSSEN-NETHERCOTT
Jade and Bale took a selfie before heading out to South London.
Three years later, and a few days before the trial, the man was accused of raping her. Prosecutors urgently summoned her to the police station.
The cause was hit. Prosecutors explained that two sleep experts commented on her case: There is a possibility that Jade may have sex while sleepwalking. which made it appear that she was in a state of awakening and she consented to eroticism at the moment.
Sexsomnia is a clinically proven sleep disorder. People with this condition are unable to engage in sexual activity in a sleeping state.
The laws in England and Wales state that a person cannot consent to sex. if you are asleep However, the law also states that a person is not guilty of rape if you have a “reasonable belief” that consent to sex is obtained from the partner.
“There was no sign before. And it’s very disconcerting, “said Jade, who she had never heard of sex while sleepwalking.
“I’ve had two long-term relationships in 13 years and I’ve never experienced anything like this.”
The decision of the CPS at that time ended the case. and the accused must not be prosecuted again
Jade was first asked about her sleep. When she gave an official testimony at the police station. To which she replied that she was a deep sleep. and she had sleepwalking a few times in her teens was an answer she hadn’t thought of. And it was forgotten during the very long investigation process. until the case is revoked
The police investigation process begins with Belle, Jade’s best friend. Called 999
Belle said she recognized Jade’s voice on the other end of the line, “I’ve never heard her like this before. She sobbed uncontrollably. and she said “I thought I was raped” when your best friend told you. The world is falling apart. “
The two were going out in a bar in south London. before leaving they drank prosecco and put on make-up. When finished, let’s go hand in hand to have fun.
It was a fun night. They drank and talked all night. until the bar closed Bell had called a taxi home. Jed decides to go back to a friend’s house with a few other people to continue drinking.
Around 2am while people were still chatting around her in the living room. Jade was curled up in a blanket on the sofa. then falling asleep while she is still wearing full clothes
At around 5am, she said she woke up and found that both her underwear and pants had been taken off. Her bra was stripped. She said she saw a man on the other side of the sofa she was lying on.
“I confronted him and asked him ‘what happened What did you do?’ and he said something that seemed strange to me. that he said ‘I thought you were awake.’ “
“Then he rushed out. and leave the door open So I quickly picked up the phone and called Belle … “
After that, two policemen came to bring Jade for a forensic exam. The results revealed her sperm in her vagina. Examination revealed that the sperm matched the man on the sofa.
During the police investigation the accused did not testify and later prosecutors decided to charge him with rape. This man asked to defend his innocent case. A trial date has been set.
But that day never came.
Jade is determined to prove that the CPS made the wrong decision not to sue. But she has little time to appeal.
He asked for all evidence. including a police testimony report Toxicological results testimony and a sleep report. and collect them all for review again.
She was shocked by what she read in the evidence. Especially by pouring weight on the expert theory of sleep. The two experts had not even met her in person. But their opinions were important enough to close her case.
The first expert employed by the defense concluded that it was “highly likely” that Jade had had sex during sleepwalking, saying, “Her behavior seems that of someone who is actively engaged in sexual activity with their eyes open expressing happiness.”
The CPS also hired its own experts to find a solution. which concluded “She has a history of sleepwalking. even once at age 16 and a history of language while sleeping. This is enough to have sexsomnia inclinations.
found this description He was speechless. “I don’t see what happened. It comes from sexsomnia, which is when someone I don’t agree to have sex with has sex with me. “
Jade decided to pay herself for an expert opinion and contacted Dr. Ersha Ebrahim at the London Sleep Center. You are a rape expert who has commented on similar cases several times.
Jade’s case is the first time she sees a victim accused of sexsomnia in another rape case. everything you have ever met This is the first time that a defendant refers to the disease. and the BBC itself does extensive research. And there have been no other cases of rape in the UK in which defendants have alleged the plaintiff had a sleepwalking disorder.
Dr Ebrahim explains that scientific research is limited. And there is no definite way to diagnose this disease. But he said the people he often saw with the disorder were male and had a history of sexual behavior while sleeping.
Then Jade did a sleep test. It’s a polysomnographic exam. Polysomnography, which examines brain waves, breathing, and movement during sleep
Tests revealed that he had snoring and mild sleep apnea. This is a normal condition where breathing stops and begins during sleep. Dr Ebrahim said both could be triggers that could cause sexsomnia, so he couldn’t rule out the possibility of the disease.
Jade wants to know if he can give her a clear idea of what to blame for sexsomnia.
“This is a million dollar question,” said Dr. Ebrahim.
“The need for a definitive answer to be black or white – yes or no – is not going to happen.”
Jade still believes she is not sleepwalking and having sex. But it’s frustrating that sleep specialists aren’t able to rule out these symptoms.
She turned to a lawyer to find out more about how the court treated the disorder as a defense.
Senior Attorney Allison Summers had previously been charged with a rape case in which an accused man allegedly had sexsomnia.
He told Jed that sleep experts rarely say for sure if someone has the condition, but saying “it’s possible” might carry enough weight for the jury to decide whether or not someone has the condition. “I think it is the outcome of that sentence that leaves some offenders without charge or dismissal, yes? Punishing the innocent with heavy punishment even if he is not guilty,” he said.
for that jade Recognition that her case should be brought before a jury is bittersweet, because the CPS prosecutor’s office can’t reopen a closed case.
The CPS guidelines state that the defendant’s fight against sleepwalking and sex OR any other type of sleepwalking should be seriously investigated in court. But Jade’s case hasn’t been brought to court.
after searching for information I have been researching for a long time Exercise victim’s right to look into complaints Office of the chief prosecutor who is not directly dependent on the CPS to review case evidence
The chief prosecutor concluded that the case should, in fact, go to trial. The opinions of the sleep experts and the defendant’s report should be passed on to the court. It is “very likely” that the jury will convict the accused.
He said one of the evidence in the case was allowing CPS prosecutors to take the case to court.
“I can’t even imagine what you’ve been through and how you feel. You noticed while examining the serious impact this case has had on you, “he wrote to Jed.
“On behalf of CPS, I sincerely apologize for this. Although my apologies should only be a small consolation to you.
The defendant was officially found not guilty. And it’s a legal risk which means he won’t be able to go to trial without compelling new evidence.
“There’s no hope of justice happening to what happened to me,” Jade said, but she still hopes the CPS prosecutor’s office will learn a lesson in preventing others from surviving.
“It’s a disappointment for a system that is meant to protect you. And they openly said they made a mistake, “she said.
In the year up to September 2021, only 1.3% of police rape cases in England and Wales that led to the prosecution of suspects. According to the numbers of the Ministry of the Interior
The CPS Prosecutor said “Strive to improve every aspect of the way life-changing crime is tackled. like rape and working closely with the police to change the way these cases are handled ”.
Jed is now suing CPS for damages.
