SOCCER ACE DID RAPE GIRL WITH TEAM-MATE IN FLAT SAYS JUDGE Goodwillie and pal must pay her £100k
VICTIM: Denise Clair waived right to anonymity QUIZZED: Robertson said victim consented to sex 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 Ms Clair had enjoyed life, but her life changed following the decision not to
proceed with a prosecution. She was told by Crown Office in July that year that they were not going ahead with criminal proceedings. Lord Armstrong said: “She found that decision difficult to understand and had felt that she had not been believed. “She felt that her life had been destroyed by something which had happened although, because of her RAPIST: Goodwillie in action for Plymouth and at court lack of memory, she was not fully aware of what it was that had caused that effect.”
She had experienced suicidal thoughts and it was only last year that she felt comfortable forming an intimate relationship again.
The judge said Ms Clair’s memory loss was best explained by ‘the phenomenon of alcoholic blackout’.
He said that on the basis of expert evidence, eyewitness testimony and forensic findings of Ms Clair’s blood alcohol level, he held that during the period Ms Clair was in the flat she ‘lacked the level of cognitive functioning necessary to make reasoned decisions and consequently lacked the ability to give meaningful consent by free agreement’.
It was only in the weeks after the rape that Ms Clair knew with certainty that intercourse had taken place after DNA evidence was obtained from swabs taken from her.
During her evidence, she said that she had found herself naked and in pain after the incident.
She had gone out for a drink with a friend on New Year’s Day but had no recollection of leaving a pub for a nightclub in Bathgate.
She remembered waking the next morning in strange surroundings and 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.”
Her counsel, Simon Di Rollo QC, asked her what she was wearing. She replied: “Nothing. I was naked, but I didn’t realise that until I was in the kitchen.”
She said: “I just felt sore. I felt sore inside as if something had happened to me, but I couldn’t say what it was. I felt a lot of pain inside.
“I kind of thought something must have happened to me but I had no idea what. I didn’t know where I was.”
Ms Clair said she found articles of her clothing in the flat stuffed down the side of a bed.
She added: “My pants were never recovered.”
Goodwillie maintained that he did not think Ms Clair was too drunk to consent to sex.
But a security firm employee working at the nightclub told the court that the Ms Clair was in need of an ambulance.
Gayle McGregor said: “She wasn’t in control of herself. Her eyes were rolling in her head. She couldn’t stand up straight. She couldn’t speak to me properly. She wasn’t compos mentis.”