A WOMAN has told how her alleged rapist walked FREE days before her trial because experts said she had sleeping condition “sexsomnia”.
Jade McCrossen-Nethercott, 30, was accused of having the highly rare condition that sees sufferers carry out sex acts in their sleep.
Experts – who never met Jade – said she “didn’t remember having consensual sex” when she woke up half naked after falling asleep at a pal’s house after a night out.
But Jade, who woke up terrified, insists she was raped by one of the partygoers who was in the room with her on that night in 2017.
When horrified Jade confronted him, he said “oh, I thought you were awake” before fleeing the house, she claims. Jade has not seen him since.
Jade told cops about the alleged assault and a police probe began. A medical examination confirmed sex had taken place and the man was charged with rape.
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But it all fell apart two weeks before the trial began.
Jade had casually mentioned that she was a deep sleeper who had sleep walked in the past during her police interview.
Off the back of this, two experts – who had never met her – diagnosed her with sexsomnia, claiming she had consented to sex while sleep walking.
CPS thought they wouldn’t be able to win the case if it went to court and the accusation was thrown out.
Jade told the Daily Mail: “I was completely blindsided.
“I’d never even heard of sexsomnia and was completely thrown by it. I was shellshocked because it was such a baffling concept, but also angry and frustrated because it felt so wrong.
“I believe I was raped and slept through the assault. I’ve wondered if I could have been given a date rape drug, but no blood tests were taken, so I will never know.
“The CPS told me that they believed me and they thought a jury would believe me; however, a jury would also believe a sleep specialist, so it would be an acquittal anyway, and they didn’t want to put me through a trial.”
Jade begged for the trial to go ahead, but it was no use and the case was dismissed.
She added: “Up until that point everything had been straightforward, then I was thrown into this madness.
“I felt these blasé, throwaway comments I’d made to the police about being a deep sleeper were blown up into something quite ridiculous.
“At the very least these experts’ opinions should have been challenged in court because I believe all the other evidence was strong enough to secure a conviction.”
The defendant was formally acquitted, meaning the case cannot reopen.
Jade has now challenged the CPS’s decision by requesting a Victim’s Right to Review.
I felt these blasé, throwaway comments I’d made to the police about being a deep sleeper were blown up into something quite ridiculous.
Jade
Jade took herself to a sleep clinic and was assessed by a neuropsychiatrist Dr Irshaad Ebrahim who said he was “surprised” at the decision to label her a sexsomniac.
She does not have a history of sleep walking as an adult – only as a child – and no previous partners have ever reported sexsomnia.
The CPS has since apologised to Jade for dropping the case based on the opinions of two experts who had never met her.
Sexsomnia and sleepwalking defences should be “robustly challenged”, CPS guidelines now state following a review.
Chief crown prosecutor Malcolm McHaffie said Jade’s case should have been sent for retrial.
Jade added: “Today, I don’t carry shame or guilt with me. I know it wasn’t my fault, but at the time you do have that feeling of self-blame. You think: ‘What could I have done differently?’ or: “’Why didn’t I go home after the bar closed?’
“But we shouldn’t have to live our lives being hypervigilant at all times.”
A CPS spokesman said: “Rape is a devastating offence and securing justice for a victim can, in a small way, help them to overcome the trauma.
“We have apologised unreservedly to the victim in this case. The expert evidence and defendant’s account should have been challenged and put before a jury to decide.
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“We are committed to improving every aspect of how life-changing crimes like rape are dealt with and are working closely with the police to transform how they are handled.
“We remain positive about the progress that is being made but recognise there is still a long way to go so more victims come forward and report with confidence.”
