Judge rules rapist footballers David Goodwillie and David Robertson must pay £100k in damages

The pair, who played together at Dundee United, were ordered to pay £100k compensation

Tuesday 17 January 2017 13:02 GMT
David Goodwillie in action for Dundee United
David Goodwillie in action for Dundee United (Getty)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

A judge in Scotland has ruled that footballers David Goodwillie and David Robertson raped a mother of one and ordered them to pay £100,000 in damages.

Denise Clair, 30, took civil action against the pair after alleging that the then-Dundee United teammates had raped her at a flat in Armadale, West Lothian, after a night out in on January 2 2011.

The pair have, however, never faced a criminal trial.

Ms Clair sued Goodwillie and Robertson after being left “devastated” by the Crown's decision not to prosecute the footballers.

Lord Armstrong, ruling on the case in Edinburgh, concluded that Plymouth Argyle striker Goodwillie, who is due to face Liverpool on Wednesday night, and former colleague Robertson "each raped" Ms Clair.

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.

David Robertson also played for Dundee United at the time
David Robertson also played for Dundee United at the time (Getty)

“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.”

Goodwillie and Robertson's evidence was dismissed by the judge, who ruled the pair were not credible or reliable on the issue of whether they could fairly claim she was consenting to intercourse.

Lord Armstrong also rejected evidence that the victim was not “particularly affected by alcohol”.

Goodwillie's claim that Ms Clair had been flirting with him earlier in the evening was also dismissed, with the judge adding: “The mere fact of sexual attraction does not preclude rape.”

Update: Plymouth Argyle confirmed that Goodwillie will not play for the club until they have read the full report.

A statement read: "We note today's judgement 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."

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in