Judge rules two footballers raped woman after night out in 2011

David Goodwillie (left) and David Robertson (right) will now have to pay damages. Credit: PA

Two Scottish professional footballers have been ruled to be rapists and ordered to pay £100,000 in damages, despite never facing a criminal trial.

Denise Clair decided to sue striker David Goodwillie and his then Dundee United teammate David Robertson after claiming that they raped her in a flat in Armadale following a night out in nearby Bathgate in January 2011.

Ms Clair, who previously waived her right to anonymity, said she couldn't remember what happened in the period of time between leaving a bar in Bathgate and waking up in a stranger's flat the following morning.

She had originally sought £500,000 in compensation but a figure of £100,000 was later agreed in the civil action at the Court of Session in Edinburgh.

Both footballers had always argued the sex was consensual, but the victim maintained she couldn't have agreed to intercourse because she was too drunk.

Goodwillie has three caps for Scotland. Credit: PA

Judge 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."

He 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 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."

Ms Clair said after today's judgement that she was "pleased" with the verdict after initially being left "devastated" by a Crown decision not to prosecute.

"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," she said.

"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."

  • Who are David Goodwillie and David Robertson?

Goodwillie and Robertson both started their careers at Dundee United. Credit: PA

David Goodwillie currently plays for English League Two side Plymouth Argyle and also has three caps for the Scotland national team.

The 27-year-old striker previously played for Blackburn Rovers in the English Premier League and also spent time in the Scottish Premier League at Aberdeen and Dundee United.

It was while at Dundee United that the alleged sexual assault took place, as Goodwillie and Robertson celebrated his last-minute equaliser against Aberdeen on January 1 with a night out.

Thirty-year-old Robertson is now at Scottish fourth tier side Cowdenbeath and has spent the majority of his career in the lower leagues after making more than 100 appearances for Dundee United.

Following today's judgement, Lord Armstrong said he didn't find Goodwillie's evidence to be "persuasive", and did not find Robertson "credible or reliable".

  • What have their clubs said?

Plymouth Argyle want to see the full report before deciding what to do next. Credit: PA

Plymouth Argyle have released a statement saying that they won't select Goodwillie until they've been handed the full report.

"We await the full report, which we will consider in detail before making any comment," a spokesperson said.

"Until such time, David Goodwillie will not be selected to play for Plymouth Argyle."

Robertson's club Cowdenbeath are yet to comment.