Judge rules 2 footballers raped woman in civil case

[PlectrumElectrum]

Guardian article here

The case was never prosecuted, apparently due to lack of evidence.

In terms of the evidence from the men concerned I think it's worth highlighting the judge's comments 'The judge said he did not find Goodwillie’s evidence to be persuasive and did not find Robertson credible or reliable' - in contrast with his view of the victim - “I find the evidence for the pursuer to be cogent, persuasive and compelling. In the result, therefore, I find that … both defenders took advantage of the pursuer when she was vulnerable'

Shocking that the victim had to resort to pursuing a civil case to see some form of justice (albeit neither man will serve time unless criminal charges now follow - not sure on the legal stance there) but thought it worth highlighting this.

[PoochSmooch]

That poor woman. Enough evidence to convince a civil court and the Criminal Injuries Compensation Board, but not enough evidence to even charge one of them, and not enough to prosecute either of them? I know the standard of evidence is lower for civil than criminal courts, but still it's shocking that it didn't get to trial.

I'm glad she at least has the small comfort that she's been believed in a court, albeit not the one she should have been. She's been incredibly brave.

[ChocChocPorridge]

This needs a fund and a charity - targeted to pursue civil cases. Unfortunately they'd be huge targets.

[LassWiTheDelicateAir]

Denise Clair, 30, welcomed the ruling in a civil case at the court of sessions in Edinburgh

It's a minor point but if you are going to write an article about such an important case you might try getting the court's name correct. It's the Court of Session.

In theory it is competent for The Lord Advocate to review the decision not to prosecute. I have no idea if he would.

[Xenophile]

Good.

I wonder what it might mean for other women in this position.

[RJnomore1]

She's an incredible woman. There's been little on mumsnet about this but I've been following the story for years. Goodwillie used to be a potential bit of a big deal in Scottish football.

Denise on the off chance you ever see this to you and thank you for your courage.

[PlectrumElectrum]

I agree RJ - knowing the background on this like you, and all the hurdles she's overcome to get this outcome i think she's been incredibly brave.

She should never have had to go to these lengths to get this outcome - I'm hoping that this case & outcome brings about some fundamental changes to how rape cases are dealt with in Scotland.

[user1475253854]

I hadn't heard about this until I saw it on the BBC today. Very courageous woman.

[OneWithTheForce]

Wow! 6 years to even get a civil judgement! I am very glad the judge refused to allow the defender/ant? to question her himself. Appalling that it was deemed not enough evidence to prosecute these two rapists. (Can I call them rapists if it isn't a criminal case?)

[TitaniasCloset]

What an amazing woman.

[Beachcomber]

Well done Denise Clair.

And thank you. What you have done is incredibly brave. To give up anonymity and to pursue your case.

The 2009 Sexual Offences [Scotland] Act is incredibly important to women's right not to be raped and this case has proved that.

[LoisWilkersonsLastNerve]

It's being discussed on Matthew Wright now. Brave woman. Ridiculous she had to do this.

[Usermuser]

I support a team that Goodwillie (ironic name, given the circumstances) played for. I was furious when we signed him with the rape thing hanging over him.
I'm really pleased for the woman. Seem to remember that he was claiming he didn't have enough money for legal representation and so there was a chance that he'd act for himself and be able to cross examine her. Which is fairly awful...

[Allthebestnamesareused]

In criminal matters proof has to be beyond reasonable doubt and in the civil case it just is based on a balance of probabilities.

[LoisWilkersonsLastNerve]

user he did want to but the judge didn't allow it, thankfully.

[Prawnofthepatriarchy]

What an amazing woman!

[Xenophile]

I wonder if it would be worth looking at a charity "fighting fund" for these cases? If the CPS refuse to prosecute rapists, maybe it's time this happens more often.

[PlectrumElectrum]

Allthebest, it's interesting that the case was deemed not worthy of prosecution due to insufficient evidence yet there was sufficient evidence to conclude they did rape the woman 'on the balance of probabilities'. It begs the question that if, based on the testimony of the pursuer & the defendants & whatever else was relied upon, on the balance of probability the rape did occur, why was that evidence deemed insufficient to proceed with prosecution? There is obviously a difference in the bar to be reached in terms of obtaining a conviction beyond reasonable doubt, but if 'on balance' the pursuer has proven her case in a civil court, I'd consider the evidence available in that case should have been sufficient to proceed with a criminal case. I'd like to know why. The fact it isn't is, I think, something that needs to be looked at across the board & lessons learned from this case.

I don't think the PF can really escape the scrutiny that this outcome has brought to the earlier decision not to prosecute. And I'd like to see more transparency over this & the guidance being followed when considering whether to take rape prosecutions further than the police report/investigation.

[KindDogsTail]

It is shocking, and CPS obviously is failing. But it is a victory too in that the judge was able to give a verdict that she had been raped even though she could not remember. This could certainly give others in the future to give a guilty verdict in similar cases.Here is a link,
www.telegraph.co.uk/news/2017/01/17/court-rules-david-goodwillie-former-teammate-rapists/

There was another case this week where a Durham student sexually assaulted a girl when she was asleep. www.thenorthernecho.co.uk/news/15023775.Durham_University_student_jailed_for_sexual_assaults_on__vulnerable__female_undergraduate/
He was found guilty even though she had invited him back with her. The boy admitted it and pleaded guilty - he almost certainly have got away with it with a good lawyer as so many others appear to have done. His admission of guilt may help make other people more aware in the future that yes, men do assault/rape drunk girls when they are asleep/without their permission.

[KindDogsTail]

www.nottinghampost.com/university-rowers-cleared-in-whats-app-rape-trial/story-30004437-detail/story.html
Here is a case where two alleged rapists were cleared of rape with a younger, drunk girl they filmed themselves having sex with. They posted on this film on Whats App. The first jury could not reach a verdict. The second in December found them not guilty.

[LassWiTheDelicateAir]

and CPS obviously is failing

Point of detail but the CPS only applies in England and Wales. The Scottish equivalent is the The Crown Office and Procurator Fiscal Service (COPFS)

On the Nottingham case I can't fathom how the jury came to that decision.

[KindDogsTail]

Thanks or explaining.

[LassWiTheDelicateAir]

Here is the full case report.

Judgment
www.scotcourts.gov.uk/search-judgments/judgment?id=d22e28a7-8980-69d2-b500-ff0000d74aa7

[Totallymyownperson]

Do you think woman x in ched Evans case can sue. Maybe she can use the go fund me money to pay lawyers

[OneFlewOverTheDodosNest]

6 years seems an extremely long time and I imagine that the case was exceedingly expensive.

I agree that funding civil cases would be the ideal, but what figures would we be looking at, and would it be feasible? Women's charities are already notoriously underfunded so I imagine our potential donor pool would be quite small.

[Totallymyownperson]

Maybe woman x can get legal aid or what about those law firms in London that offered to represent her for free. I think the biggest hurdle will be for her to go through another 3rd trial or be it a civil trial