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Judge rules footballers David Robertson and David Goodwillie raped woman Judge rules footballers David Robertson and David Goodwillie raped woman
(about 2 hours later)
The footballers David Robertson and David Goodwillie have been ruled to be rapists and ordered to pay £100,000 damages to the woman despite never facing a criminal trial. A woman has welcomed a judge’s ruling that she was raped by two footballers who never faced a criminal trial.
Goodwillie, a former Scotland international, plays for Plymouth Argyle, and his former Dundee United team-mate Robertson plays for the Scottish League Two side Cowdenbeath. Denise Clair, 30, claimed in a civil case that former Dundee United teammates David Goodwillie and David Robertson raped her in the early hours of 2 January 2011 at a property in Armadale, West Lothian, after a night out in nearby Bathgate.
Goodwillie will not play for the League Two club until Plymouth have considered the full report, the club said in a statement on Tuesday. At the court of session in Edinburgh on Tuesday, damages of £100,000 were agreed.
Denise Clair, who has waived her right to anonymity, claimed the men raped her in the early hours of 2 January, 2011 at a property in Armadale, West Lothian, following a night out in nearby Bathgate. The players’ clubs – Goodwillie now plays for Plymouth Argyle and Robertson for Cowdenbeath – have said the pair will not be considered for selection while they examine the ruling.
Goodwillie was accused of serious sexual assault against a young woman in Armadale, West Lothian, in January 2011 but the charge was dropped in July that year. Robertson was also questioned in connection with the incident. The judge, Lord Armstrong, said in court: “Having carefully examined and scrutinised the whole evidence in the case, I find the evidence for the pursuer to be cogent, persuasive and compelling. In the result, therefore, I find that … both defenders 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 woman had sought £500,000 in compensation but damages of £100,000 were agreed in the civil action at the court of session in Edinburgh. Clair said afterwards: “I am pleased by today’s verdict. However 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.
In his judgment, Lord Armstrong said: “Having carefully examined and scrutinised the whole evidence in the case, I find the evidence for the pursuer to be cogent, persuasive and compelling. “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.”
“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 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.” Simon Di Rollo QC, the senior counsel for Clair, said: “It was incredibly brave of Ms 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) 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 Ms Clair was incapable and that anyone dealing with her would have known that.”
Ms Clair, who was 24 at the time of the incident, was left “devastated, upset and confused” when she was told there was to be no prosecution of the defenders. Goodwillie, a former Scotland international, and Robertson both maintain they had consensual sex with the woman.
After the court of session judgment, Ms Clair said: “I am pleased by today’s verdict. However 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. Clair has said she remembers going to the Glenmavis Tavern in Bathgate on the evening of 1 January 2011 and meeting Robertson there, but has no memory of meeting Goodwillie. Her next recollection is waking up naked the following morning in a house she did not recognise.
“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.” The judge said he did not find Goodwillie’s evidence in the case to be persuasive and did not find Robertson to be credible or reliable.
Lord Armstrong said: “She found the decision difficult to understand and had felt that she had not been believed. She felt her life had been destroyed by something which had happened although, because of her lack of memory, she was not fully aware of what it was that had caused that effect.” Plymouth Argyle said: “We await the full report, which we will consider in detail before making any comment. Until such time, David Goodwillie will not be selected to play for Plymouth Argyle.”
He said she had enjoyed life before the incident but her life changed following the decision not to proceed with the prosecution. She found it difficult to trust anyone and became unsociable, and experienced suicidal thoughts several times. Cowdenbeath FC said: “At present, we can make no further comment until we have the full details available for us to consider and review. In the interim, David Robertson will not be considered for selection.”
Goodwillie and Robertson maintain they did have sexual intercourse with the woman but that it was consensual.
Ms Clair remembered going to the Glenmavis Tavern in Bathgate on the evening of 1 January, 2011.
She remembered meeting Robertson there but had no memory of meeting Goodwillie. Her next recollection was waking the following morning in a house which she did not recognise. She was naked and could not find her clothes.
Goodwillie and Robertson went to the Glenmavis Tavern on the evening of 1 January after playing for Dundee United against Aberdeen at Pittodrie that day. Goodwillie had scored the equaliser in the 95th minute.
Lord Armstrong heard the evidence of 20 witnesses over 10 days. The judge said he did not find Goodwillie’s evidence to be “persuasive” and did not find Robertson, referred to as the second defender, credible. He 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 also 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.”
Plymouth said in a statement: “We note today’s judgment from the court of session in Edinburgh regarding David Goodwillie. We await the full report, which we will consider in detail before making any comment. Until such time, David Goodwillie will not be selected to play for Plymouth Argyle.”