Footballers to pay £100,000 to mum they raped in flat
TWO footballers raped a mother on a night out after she had so much to drink she could not remember what happened, a civil court judge ruled yesterday.
Former Scotland international David Goodwillie and David Robertson were ordered to pay Denise Clair £100,000 in damages, even though they never faced a criminal trial.
Miss Clair was devastated after being told that no charges would be brought against the footballers. She instead brought the civil claim for compensation, and a judge yesterday ruled that the ‘incredibly brave’ mother was raped by both men at a flat in Armadale in West Lothian, Scotland.
Lord Armstrong said Miss Clair could not consent because of the ‘phenomenon of alcoholic blackout’, the Court of Session in Edinburgh heard.
In his ruling, the judge said: ‘I find the evidence for the pursuer to be cogent, persuasive and compelling. I find that in the early hours of Sunday, January 2, 2011... both defenders took advantage of the pur- suer 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.’
Miss Clair, 30, said yesterday: ‘I am bitterly disappointed that I was so badly let down by the criminal justice system and was forced to seek a remedy through the civil court.
‘If it was not for the support of my lawyer Cameron Fyfe and the team at Rape Crisis Scotland, I do not know how I could have coped throughout this long, harrowing journey.’
Simon Di Rollo QC, senior counsel for Miss Clair, added: ‘It was incredibly brave of Miss Clair to have brought the action, in which, unlike in a criminal case, she did not enjoy anonymity. The case illustrates the importance of the 2009 Sexual Offences (Scotland)
‘Had suicidal thoughts’
Act which clearly spells out that free agreement to sexual activity cannot be given while a person is incapable because of the effect of alcohol.
‘The court accepted that Miss Clair was incapable and that anyone dealing with her would have known that.’ Plymouth Argyle striker Goodwillie, 27, and Cowdenbeath midfielder Robertson, 30, both said they had consensual sex with the woman.
In a civil case a judge must only decide that they committed the act on the balance of probabilities, and not beyond reasonable doubt, as in a criminal case. Miss Clair said she remembered going to a pub – the Glenmavis Tavern in Bathgate – on the night of January 1. She remembers meeting Robertson, who then played for Dundee United, but has no memory of meeting then team-mate Goodwillie.
Her next recollection is waking up the following morning in a house she did not recognise. She was naked, in pain and could not find her clothes. She said: ‘I seemed to be running about the house in a panic. I ran into every single room to see if I could make sense of my surroundings.’
The judge said he did not find Goodwillie’s evidence in the case to be ‘persuasive’, and did not regard Robertson as ‘credible or reliable’.
Miss Clair has experienced suicidal thoughts and it was only last year that she felt comfortable forming an intimate relationship again. Both players’ clubs have said they will not consider the men for selection while they examine the ruling.
Mr Fyfe said: ‘I am delighted for Denise. She has shown great courage throughout the case. Her determination may encourage other victims who feel they have been let down by the criminal system to turn to the civil court for a remedy.’
A spokesman for Scotland’s Crown Office said: ‘As Lord Armstrong stated in his judgment, the standard of proof to be satisfied was that of the balance of probabilities, which is a less onerous requirement than the standard in criminal cases, which is “beyond reasonable doubt”. Further, there is no requirement of corroboration in civil cases unlike in criminal cases.
‘This case was looked at very carefully by Crown Counsel who concluded that there was insufficient evidence in law to raise criminal proceedings.’