Judge rules footie stars David Goodwillie and David Robertson raped mum and orders them to pay £100k in landmark civil case
Denise Clair, 30, sued striker Goodwillie and Robertson after being left 'devastated' by a Crown decision not to prosecute
FOOTIE ace David Goodwillie and his teammate raped a mum and must pay her £100,000 in damages, a judge in a civil case has ruled.
Denise Clair, 30, sued striker Goodwillie and his then Dundee United colleague David Robertson after being left “devastated” by a Crown decision not to prosecute.
She claimed they raped her at a flat in Armadale, West Lothian, after a night out in nearby Bathgate on January 2, 2011.
The two footballers have never faced criminal trial over the allegations as the charges were dropped in July that year.
But today in a civil ruling on the case, heard at the Court of Session in Edinburgh, Lord Armstrong said Goodwillie and Robertson “each raped her”.
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He said: “Having carefully examined and scrutinised the whole evidence in the case, I find the evidence of the pursuer (the woman) to be cogent, persuasive and compelling.
“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 (the footballers) 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 said he found neither Ex-Blackburn Rovers star Goodwillie, 27, nor Robertson, 30, to be credible or reliable on the issue of whether they had a reasonable or honest belief that she was consenting.
And he rejected evidence by the players that Denise wasn’t “particularly affected by alcohol” and had been flirting with Robertson earlier in the evening.
He added: “The mere fact of sexual attraction does not preclude rape.”
Plymouth Argyle say Goodwillie will not be selected until the club considers the court judgement.
A club statement 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."
Robinson currently plays for Scottish League Two side Cowdenbeath.