A judge has ruled that an ex-Scotland international footballer and his former teammate are rapists, despite never facing a criminal trial.
David Goodwillie and David Robertson were sued by mother-of-one Denise Clair, who was left “devastated” by a Crown decision not to prosecute the footballers.
The 30-year-old originally sought £500,000 in compensation, but damages of £100,000 were later agreed in the civil action at the Court of Session in Edinburgh on Tuesday.
Both Goodwillie, 27, who now plays for Plymouth Argyle and Robertson, 30, who plays for Cowdenbeath, both claimed the intercourse was consensual.
Clair, who previously waived her right to anonymity, maintained the pair raped her at a flat in West Lothian, after a night out on 2 January 2011.
In comments reported by the BBC, Judge Lord Armstrong said: “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.”
Of the decision not to proceed with the prosecution, he added: “She found that decision difficult to understand and had felt that she had not been believed.”
The Independent reports that Goodwillie’s claim that 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.”
A spokesman for Plymouth Argyle said in an online statement: “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.”