A UK woman, Jade Blue McCrossen-Nethercott, has won £35,000 ($45,000) in compensation after the Crown Prosecution Service (CPS) dropped her rape case due to a controversial ‘sexomnia’ diagnosis. The disorder, which can cause unconscious sexual behavior, was used to dismiss the case just before trial in 2020. Jade, who insists she does not have sexomnia, fought for justice, receiving a rare payout and formal apology from CPS for its mishandling.
The Case: A night gone wrong
In 2017, Jade, then 24, attended a house party and woke up seminude with a broken necklace, suspecting she had been raped. A man was in the room where she had slept. The police were called, and a rape case was filed. However, just days before the trial in 2020, CPS dropped the case, citing two sleep experts who claimed Jade suffered from sexomnia, despite her denial. This led to the accused being released without facing a jury, leaving Jade devastated.
Jade, the subject of a BBC documentary, described holding CPS accountable as a “big triumph,” but acknowledged that it “took me to the darkest points of my life.”
She explained that her decision to sue CPS was driven by a desire for accountability and to prevent similar mistakes in future rape cases. “For me, it’s not about the financial side of things. My focus is on pushing for systemic changes within the CPS and the legal system, advocating for better training, policies, procedures, and practices,” she told the BBC.
The Centre for Women’s Justice, which provided legal representation for Jade, highlighted that such a payout from CPS is “extremely rare,” according to the BBC.
Understanding Sexomnia: The legal and medical dilemma
Sexomnia, officially recognized as a medical condition in 2003, involves engaging in sexual activities while asleep, often without any recollection upon waking. It falls under parasomnias, which include sleepwalking. Sexomnia typically occurs during non-REM sleep, a deeper sleep stage where parts of the brain controlling sexual behavior remain active. Despite its rarity, with only a few hundred cases globally, sexomnia has increasingly been used as a defense in sexual assault cases, raising significant legal and ethical concerns.
CPS’s apology and the fight for justice
After the case was dropped, Jade felt more hurt by the legal system’s failure than the incident itself. In 2021, she filed an appeal, which led to the rare compensation and a formal apology from a chief crown prosecutor. In the apology, CPS admitted the case should have gone to trial and acknowledged its mistake in closing it prematurely. Jade continues to advocate for systemic changes in how the legal system handles such sensitive cases, pushing for better training, policies, and practices to prevent future injustices.