Judge rules football players to be rapists
Woman to get damages of £100,000
A former Scotland international footballer and his ex-team-mate were ruled to be rapists and ordered to pay £100,000 damages this week despite never facing a criminal trial.
Denise Clair, who was left “devastated” by a Crown decision not to prosecute, sued striker David Goodwillie and his then Dundee United colleague David Robertson, claiming they raped her at a flat in Armadale after a night out.
The woman said she could not remember what had happened from being in a Bathgate bar until she woke up in a strange flat the following morning.
The 30- year- old, who gave up her legal right to anonymity, originally sought £ 500,000 in compensation but damages were later agreed at £100,000 in the civil action at the Court of Session in Edinburgh.
The woman maintained she was incapable of giving free agreement to sex because of her alcohol consumption. Goodwillie, who now plays with Plymouth Argyle, and Robertson claimed that intercourse had been consensual. A judge 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.” Lord Armstrong continued: “In the result, therefore, I find that in the early hours of Sunday, January 2, 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.” The judge said that he found neither Goodwillie nor Robertson to be credible or reliable on the issue of whether they had a reasonable or honest belief that she was consenting.
He rejected claims made by the players that the woman was not particularly affected by alcohol and was no more drunk than anyone else who was in the company that night.
Lord Armstrong said there was evidence of flirtation between the woman and Robertson earlier in the evening but the judge said: “The mere fact of sexual attraction does not preclude rape.”
The judge said of former Blackburn Rovers and Aberdeen striker Goodwillie: “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.”
“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.”
Lord Armstrong said that prior to the incident the woman had enjoyed life but her life changed following the decision not to proceed with a prosecution.
She was told by Crown Office in July 2011 that they were not going ahead with the case.
His evidence was given with a view to his own interests