Woman awarded £100,000 damages in rape claim against footballers who never faced criminal trial

A judge in the Court of Session ruled that both Scotland international David Goodwillie and his former Dundee United teammate David Robertson took advantage of the mother-of-one when she was “vulnerable through an excessive intake of alcohol” and that they each raped her – despite neither facing a criminal trial.

Following a 10-day proof during which the evidence of 20 witnesses was heard, Lord Armstrong (pictured) found that the pursuer had proved her case, namely that at the time when sexual intercourse took place with each defender, she was incapable of giving free agreement because of the effect of alcohol; that both defenders were aware that she was incapable of giving free agreement; and that neither of the defenders had a reasonable or honest belief that the pursuer consented to sexual intercourse.

In his written opinion, Lord Armstrong concluded: “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 in the early hours of Sunday 2 January 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.”

In these circumstances, the pursuer having proved her case, the court pronounced decree against the first and second defenders, jointly and severally, in the agreed sum of £100,000.