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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 1 hour later)
A woman has welcomed a judge’s ruling that she was raped by two footballers who never faced a criminal trial. A woman who gave up her right to anonymity as a rape complainant has accepted £100,000 in damages after a judge found that two footballers raped her.
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. Denise Clair, 30, welcomed the ruling in a civil case at the court of sessions in Edinburgh, but said she remained “bitterly disappointed” that no criminal charges had been brought against David Goodwillie and David Robertson.
At the court of session in Edinburgh on Tuesday, damages of £100,000 were agreed. She said the then Dundee United teammates raped her in the early hours of 2 January 2011 at a property in Armadale, West Lothian, after 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. The judge Lord Armstrong said: “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 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.” Criminal charges against Goodwillie were dropped in 2011 for lack of evidence. Robertson was never charged.
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. Clair said she was left “devastated, upset and confused” when she was told the men would not be prosecuted. The Criminal Injuries Compensation Authority agreed she had been raped and awarded her £11,000.
“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 2014 Scotland’s former first minister Jack McConnell questioned the decision to drop charges against Goodwillie and called on the lord advocate to personally explain the decision to Clair.
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.” On Tuesday 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.
Goodwillie, a former Scotland international, and Robertson both maintain they had consensual sex with the woman. “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.”
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. At one point Clair faced the prospect of being questioned in court by one of her attackers, as Goodwillie said he intended to represent himself. The judge refused to allow this and Goodwillie appointed Dorothy Bain QC.
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. 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.
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.” “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.”
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, a former Scotland international now at Plymouth Argyle, and Robertson, now at Cowdenbeath, both maintain they had consensual sex with Clair.
The judge said he did not find Goodwillie’s evidence to be “persuasive” and did not find Robertson “credible or reliable”.
Clair told the court she remembered meeting Robertson at the Glenmavis Tavern on the evening of 1 January 2011 but did not remember meeting Goodwillie. Her next recollection was waking up naked the following morning in a house she did not recognise.
Plymouth said Goodwillie would not play for the club until it had considered the judge’s full report.
Cowdenbeath said Robertson would not be considered for selection until the club had reviewed all the details.