Rape and sexual assault victims who have their criminal cases dropped can now request for their cases to be reviewed as part of a pilot scheme.
Launching on Friday in the West Midlands, the six-month trial will give victims the right to request that their case be reviewed by a different prosecutor, as part of reforms under Labour’s pledge to halve violence against women and girls.
The changes come after a woman successfully sued the Crown Prosecution Service (CPS) after her rape case was dropped on the eve of her trial, after the defence suggested she was suffering from the rare condition “sexsomnia”.
Jade Blue McCrossen-Nethercott said she was “profoundly failed and let down” when her case was dropped, and described the new review scheme as a “crucial safeguard”.
She had contacted police in 2017 after waking up and feeling she had been raped while she slept.
But the charges were dropped days before the trial three years later, because lawyers for the accused claimed Ms McCrossen-Nethercott had “sexsomnia”, a medically recognised but rare sleep disorder which causes a person to engage in sexual acts while asleep.
The CPS later admitted it was wrong to close the case, saying it should have been taken to trial, and last year apologised and agreed to pay her £35,000 in damages.
Ms McCrossen-Nethercott said she was “hugely excited” about the new pilot, saying: “This pilot is a crucial safeguard – one that could have completely changed the outcome in my case, and so many others like it.
“I was profoundly failed and let down by how my case was handled, but I’ve since seen people within the CPS who are genuinely working to make it better.”
While current procedures allow rape and serious sexual assault victims to request their cases are reviewed, if that case has already been stopped in court by prosecutors it cannot be re-started no matter the outcome of the review.
Siobhan Blake, CPS lead for rape and Chief Crown Prosecutor of CPS West Midlands said: "We know for rape victims, the prospect of their case being stopped can be absolutely devastating.
"Although they can request a review of our decision-making now, if we have already stopped the case in court, there is nothing that can be done to reactivate the case if that review comes to a different conclusion. In those circumstances, we offer an apology, but appreciate that for a victim, an apology rarely goes far enough or feels like a just outcome.
"This pilot offers greater reassurance for victims. It means that they will be alerted to the prospect of their case being stopped earlier, so that they can ask for a review by a different prosecutor. If the original decision is reversed, then the case will continue, but even if it can’t, we hope that victims will have more confidence in the process and the earlier scrutiny of our decision-making.
"Rape cases are incredibly complex and sensitive. We have specially trained prosecutors who do an excellent job building strong cases. This pilot offers an earlier check and balance, which provides extra reassurance for victims."
