A woman who successfully sued the Crown Prosecution Service (CPS) after her rape case was dropped has welcomed a new review scheme, describing it as a “crucial safeguard”.
Jade Blue McCrossen-Nethercott said she was “profoundly failed and let down” when her case was dropped, amid claims she could have had an episode of “sexsomnia”.
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 a new pilot giving rape victims the right to ask for their case to be reviewed if it emerges prosecutors plan to drop investigations.
She said she hopes the pilot, starting in the West Midlands, “proves successful enough to be rolled out across the country”.
She added: “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.”
Criminal cases can be stopped at any point if a prosecutor decides there is no longer a realistic prospect of conviction.
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.
The prospect of cases being dropped can be “absolutely devastating” for victims, the Crown Prosecution Service’s (CPS) lead on rape cases said.
Siobhan Blake, who is also chief crown prosecutor in the West Midlands said: “Although they (victims) 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 circumstance 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.”
The pilot, launching this week, will run for six months before the scheme is evaluated and decisions are taken on next steps, the Government said.
Solicitor general Lucy Rigby said: “Campaigners and experts tell me that this is what they want, and I want to thank them for their advocacy on this vital issue.
“There is much more to do. But this is a further step towards the criminal justice system that victims deserve, and one which will ultimately make Britain’s streets safer.”
