bbc.com
CPS admits error in dropping rape case due to sexsomnia defense
In 2017, Jade McCrossen-Nethercott reported being raped; the Crown Prosecution Service (CPS) initially dropped the case due to a sexsomnia defense, but later admitted their error, highlighting flaws in their process and the low prosecution rate of rape cases in England and Wales.
- What were the key factors that led to the initial dismissal of Jade McCrossen-Nethercott's rape case, and what immediate consequences did this have for her?
- Jade McCrossen-Nethercott's rape case was initially dropped due to the defense's claim of sexsomnia, a rare sleep disorder. The Crown Prosecution Service (CPS) later admitted their mistake, apologizing for not taking the case to trial, highlighting flaws in their initial assessment of the evidence.
- How did the CPS's handling of the sleep expert opinions impact the investigation and subsequent review of the case, and what systemic issues does this reveal about the legal handling of rape cases in the UK?
- The CPS's decision to drop the case stemmed from sleep expert opinions suggesting the possibility of sexsomnia, despite these experts not personally examining Jade. This highlights potential issues with relying solely on expert opinions without thorough investigation and direct examination, especially in complex cases such as rape. The lack of a precedent for a complainant being diagnosed with sexsomnia further complicates the situation, demonstrating a need for improved procedures in similar situations.
- What long-term implications might this case have for the prosecution of future rape cases, especially those involving sleep disorder defenses, and what steps should be taken to prevent similar miscarriages of justice?
- This case reveals systemic issues within the handling of rape cases in the UK, with only 1.3% resulting in prosecution in the year to September 2021. The reliance on sleep expert opinions, potentially without sufficient scrutiny, raises concerns about the accuracy and fairness of the justice system in cases involving complex medical or psychological elements, impacting both victims' access to justice and the likelihood of successful prosecution. This case underscores the need for improvements in the system to better handle and evaluate such sensitive cases.
Cognitive Concepts
Framing Bias
The narrative is structured to emphasize Jade's perspective and the CPS's mistakes. The headline "Sexsomnia: Case Closed?" and the recurring theme of Jade's fight for justice frame the story as a David-versus-Goliath battle against a flawed system. This framing could potentially evoke strong emotional responses from readers, influencing their perception of the CPS and the justice system's handling of rape cases.
Language Bias
The article mostly uses neutral language but employs phrases like "earth-shattering" and "devastating effect" in describing Jade's emotional response and the CPS's actions. Although emotionally charged language is understandable in the context, it risks skewing the reader's interpretation towards a more sympathetic view of Jade and more critical view of the CPS.
Bias by Omission
The article focuses heavily on Jade's experience and the failings of the CPS, but omits broader statistical data on sexsomnia as a defense in rape cases beyond the BBC's research, which may not be exhaustive. The low prosecution rate for rape cases in England and Wales is mentioned but not explored in detail. The lack of broader context around sexsomnia's use as a defense limits the reader's ability to fully assess the significance of the case.
False Dichotomy
The article doesn't explicitly present a false dichotomy, but the framing implicitly suggests a binary of either Jade's version or the sexsomnia defense, overlooking the complexities of determining consent and the challenges of prosecuting rape cases.
Gender Bias
The article focuses primarily on Jade's experience and does not present a significant gender bias. While Jade's emotional response is detailed, this appears appropriate given the subject matter, and is not presented in a way that reinforces gender stereotypes.
Sustainable Development Goals
The article highlights a case where the initial dropping of a rape case due to a flawed application of the sexsomnia defense was overturned. This ultimately led to an apology from the CPS and a recognition of the need for improved handling of rape cases. While the victim did not receive a conviction, the overturning of the initial decision represents a step towards greater accountability in the justice system and improved protection of victims of sexual assault, thereby positively impacting gender equality.