WHY ARE SO MANY RAPISTS APISTS ESCAPING JUSTICE?
Rape prosecutions have plummeted over recent years, despite experts reporting a rise in sexual offences. With so many victims let down by the justice system, Closer investigates this worrying trend
When Jade McCrossenNethercott reported her rape to the police, she was aware of the low conviction rates.
After waking up the morning after a party and feeling she’d been assaulted, a friend told her that she’d consented – something she strongly denies.
She was determined to see her attacker face justice, but after struggling to get it to court, she tells Closer, “Reporting it felt like the right thing to do, but the risk averse attitude of the Crown Prosecution Service meant my case was dropped.”
BROKEN
Jade’s story is just one of thousands that reveal how broken our justice system appears to have become when it comes to prosecuting rape and sexual crimes. Out of nearly 200,000 sexual offences reported in 2022, just 4,466 were brought to the CPS, resulting in 1,765 convictions for rape. This is in stark contrast to the 6,611 cases brought to the CPS in 2016 of which, 2,991 convictions were made. So why are we going backwards?
Amelia Handy, Police Lead at Rape Crisis, says, “Women and girls need reassurance that allegations of rape and sexual abuse will be taken seriously. One of the key ways this will be achieved is by their cases progressing from the police to the CPS, and then, crucially, the CPS committing to taking rape cases into the courtroom.”
Since the Government published its Rape Review in 2021, the number of reported rapes has decreased, but this by no means indicates less are happening.
Rape Crisis CEO, Jayne Butler, says, “There is still a lot of work to be done to improve the experiences of victims and survivors in the criminal justice system. With a record number of rapes being recorded, justice agencies have a responsibility to ensure they’re meeting the needs of those who report. This way, those who seek justice are not put off by long delays or the low conviction rates.”
For Jade, her nightmare started in 2017 when she attended a party in South London. The night ended at a friend’s flat and when Jade woke up on the sofa the following morning, she had the distinct feeling she’d been penetrated.
BEWILDERED
But with no recollection of waking during the night, she turned to her male friend for answers. Jade tells Closer that his blunt response was, “I thought you were awake.”
After reporting the incident to police, DNA testing confirmed that semen discovered did belong to Jade’s friend and a date was set for trial. However, just days before the trial, she was told the defence were alleging Jade suffered from sexsomnia and the CPS no longer thought a conviction was realistic, meaning the case was closed.
Jade says, “I didn’t feel like the CPS lawyers had much awareness of sexsomnia in legal terms. It felt like they were just unwilling to take the risk.”
The allegations of sexsomnia originated from a moment in Jade’s statement where she casually mentioned an occasion of sleepwalking aged 15.
“It felt like an extreme form of victim blaming,” Jade says.
Sexsomnia is a rare sleep condition, where a person engages in sexual activity during their sleep. In Jade’s case, the prosecution argued that due to her history of sleepwalking, Jade could meet the criteria of a sexsomniac, meaning she could have appeared to give consent.But Jade says, “In my last two long-term relationships neither partner recalled anything like this.
“They were both willing to go on record saying this, but because of the CPS’ decision, I wasn’t allowed to contest the sexsomnia allegation.”
Bewildered by the defence’s claims, Jade began researching sexsomnia, only to discover something even more horrifying.
She says, “I discovered solicitors had entire sections dedicated to ‘The Sexsomnia
defence’ on their websites. It feels like they’re advertising it as a get-out-of-jail-free card. It’s a slippery slope, I believe this could be the next ‘rough sex defence’ [a highly controversial defence based on the claim that someone was accidentally hurt or killed after consenting to rough sex, which has recently been banned in England and Wales].”
After submitting an appeal, the CPS admitted they were wrong to close Jade’s case and believe it’s likely a jury would have convicted the defendant. Unfortunately, as he was formally acquitted, the case cannot be reopened.
“It was a kick in the teeth.” Jade says.
Jade is now suing the CPS for mishandling her case and wants to make sure nobody else goes through what she did.
IMPROVEMENTS
She says, “I asked them what lessons had been learned and received the most basic spiel back. There appears to be no plan to make measurable improvements. Listening to victim’s voices is the only way to regain public confidence, but they’re still not doing this.”
❛ THIS COULD BE THE NEXT
ROUGH SEX DEFENCE ❜
● Sexsomnia: Case Closed? Is available to steam on BBC iPlayer