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UK

Footballer David Goodwillie branded a rapist is set to appeal landmark civil case

Footballer David Goodwillie branded a rapist is set to appeal landmark civil case
Newsexplored
18th January 2017
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David GoodwilliePA

David Goodwillie revealed he is planning to appeal against the decision of Lord Armstrong

On Tuesday, a judge at the Court of Session in Edinburgh ruled that the 27-year-old striker and fellow footballer David Robertson had sex with Denise Clair despite the mother-of-one being too drunk to have consented.

In what was Scotland's first civil damages action for rape, the pair were ordered to pay their victim £100,000 damages.

Goodwillie revealed he is planning to appeal against the decision of Lord Armstrong, who dismissed the men's claims that the 30-year-old agreed to sex.

Goodwillie, who plays for Plymouth Argyle, said: "I have spent the last six years and every penny I have fighting the allegations against me.

I am devastated by his opinion

David Goodwillie

"I hoped that the opinion of Lord Armstrong would allow me to draw a line under this and move on with my life. I am devastated by his opinion."

He claimed his evidence was "honest and truthful" and added: "I am currently taking advice on lodging an appeal.

"As a 21-year-old, I acted immaturely, naively and probably not as respectfully or with the same consideration towards someone I was with as I could have, and if that was the case I apologise.

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Denise Clair PA

Lord Armstrong ruled that Denise Clair was too drunk to have consented to sex

"However, everything that happened that night happened consensually. I would not and did not take advantage of Denise Clair and I did not rape her because she was too drunk to consent."

Goodwillie and former Dundee United colleague Robertson, 30, who plays for Cowdenbeath, were initially sued for £500,000.


Ms Clair launched the action after prosecutors charged Goodwillie with serious sexual assault but did not prosecute. Robertson told detectives he also had sex with her but was not charged.

The victim told the court she was raped at a flat in Armadale, West Lothian, in January 2011.

She said she met the men at a nightclub and got into a taxi with them but woke the following morning "naked and in pain" with no idea where she was.

Ms Clair had to ask a passer-by which town she was in before calling her brother to collect her and later contacted police.

David Goodwillie and David RobertsonPA

Judge ruled David Goodwillie and David Robertson rapists and ordered them to pay £100k to the victim

Both men insisted sex was consensual but Lord Armstrong said "each had raped her".

Robertson said Ms Clair had flirted with him that evening but Lord Armstrong said: "The mere fact of sexual attraction does not preclude rape."

Both players claimed Denise was a willing participant but Lord Armstrong ruled she was a victim of an "alcohol blackout".

The judge added that he found neither man to be credible or reliable and rejected evidence that Denise wasn't "particularly affected by alcohol".

Denise welcomed the verdict but said she was "bitterly disappointed" at being "badly let down" by the justice system.

Plymouth Argyle and Cowdenbeath said neither players will be picked while the decision is being considered.

Original Article

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UK
18th January 2017
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