Two former Scottish footballers were ruled to be rapists and ordered to pay £100,000 damages although they never faced a criminal trial for their actions.
The pair was never tried in a criminal court after the Crown decided not to prosecute. Victim Denise Clair accused David Goodwillie and Dundee United’s David Robertson of raping her in a West Lothian flat.
At the time of the incident Ms Clair had been drinking at a bar in Bathgate. She said she could not remember what had happened when she awoke in a strange flat the following morning. She said she could not have given consent as she was incapable of doing so. Both Goodwillie now of Plymouth Argyle, and Robertson said that she did give consent.
At the Court of Session, the judge Lord Armstrong said, “Having carefully examined and scrutinised the whole evidence in the case, I find the evidence of the pursuer (the woman) to be cogent, persuasive and compelling.
“In the result, therefore, I find that in the early hours of Sunday, January2 2011, at the flat in Greig Crescent, Armadale, both defenders (the footballers) took advantage of the pursuer when she was vulnerable through an excessive intake of alcohol and, because her cognitive functioning and decision making processes were so impaired, was incapable of giving meaningful consent; and that they each raped her.”
He rejected their defence that she was not as drunk as she claimed, and was not particularly affected by alcohol.
He said, “The mere fact of sexual attraction does not preclude rape.”
Speaking about the two footballers he said, “The first defender was not an impressive witness. Particularly in relation to his assessment of the pursuer’s condition, his evidence was given with a view to his own interests rather than in accordance with the oath which he had taken. I did not find his evidence to be persuasive.”
Lord Armstrong said: “Like the first defender, I assessed the second defender as a witness who was being selective as to what he was prepared to tell the court and whose evidence, directed as it was entirely to his own interests, was partial and partisan.
“He did not present as a witness who was being entirely candid. On the significant issues arising in the case, I did not find his evidence to be credible or reliable”.
She was awarded £100,000 in damages.