'Claims I had sexsomnia destroyed my rape case'

Jade McCrossen-Nethercott's rape case was dropped by the Crown Prosecution Service (S) because of claims she had an episode of a rare sleep condition called "sexsomnia". As a result, the S no longer believed they could secure a conviction. But Jade challenged the decision and spent months reinvestigating.

The S now it they were wrong not to take it to trial and have apologised unreservedly to her.

But what went wrong? The BBC followed Jade's case as events unfolded.

It was a Sunday evening in the spring of 2017 when Jade woke up on a sofa in south London to discover she was half-naked, with her necklace lying broken on the floor.

The 24-year-old, originally from St Ives in Cornwall, had the intense feeling she had been penetrated and thought she had been raped while she slept.

Three years later - and just days before the man charged with raping her was due to stand trial - lawyers from the S called her to an urgent meeting at a police station.

Her case was being dropped. The S lawyer explained that two sleep experts had given their opinions on her case. They said it was possible Jade had had an episode of sexsomnia and could have appeared to have been awake and consenting.

Sexsomnia is a medically-recognised sleep disorder. People with the condition perform sexual acts in their sleep.

A person is deemed not to have consented to sex if they are asleep, according to the law in England and Wales. However, it also states that a person is not guilty of rape if they had "reasonable belief" in consent.

"It came completely out of the blue, and it was baffling," says Jade, who had never heard of sexsomnia until then.

"I've had two long-term relationships spanning 13 years, and I've never had anything like this."

​​The decision by the S meant they would close the case and the defendant would be formally acquitted.

The first time Jade had been asked about her sleep, was in the police station when she went to give a formal statement.

In response to a question from a police officer, she explained that she had always been a deep sleeper and had sleepwalked a couple of times as a teenager.

It was a ing comment, forgotten about in the whole gruelling process until her case was dropped.

It had been Jade's best friend Bel who had dialled 999 and started the whole police process.

She re the sound of Jade's voice on the other end of the line. "It was like nothing I've ever heard before. She was hysterical and sobbing, and she said 'I think I've been raped.' When your best friend says that to you, it's just earth-shattering."

The two had been out the evening before at a bar in south London. They had got ready together, drinking prosecco as they did their makeup and headed out arm-in-arm.

It was a fun evening, drinking and chatting. When closing time came, Bel ordered a taxi home. Jade decided to go back to a friend's flat with a few people for a last drink.

At around 02:00, with people still chatting around her in the living room, she curled up under a blanket in the corner of the sofa, fully-clothed, and fell asleep.

At 05:00 she says she woke up to find her tros and pants were off and her bra was undone. She says she saw a man on the other side of the sofa she was lying on.

"I confronted him saying, 'What's happened? What have you done":[]}