David Goodwillie and David Robertson raped mum of one

[ian1964 10,563]

shock court ruling Judge rules footie stars David Goodwillie and David Robertson raped mum of one and order them to pay £100k

 

Judge ruled the*former Dundee United teammates were rapists following*a civil action taken by Denise Clair, 30 even though the pair have never faced a criminal trial

 

A JUDGE has ruled*Scotland footie ace David Goodwillie and*his ex-Dundee United teammate*David Robertson raped a mum of one and ordered them to pay £100,000 in damages.

 

The ruling came in a civil action taken by Denise Clair, 30. The pair have never faced a criminal trial.

 

Denise sued Goodwillie and 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.

 

Today in his ruling on the case, heard at the Court of Session in Edinburgh, Lord Armstrong said Goodwillie and Robertson “each raped her”.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 Goodwillie nor Robertson 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.”

 

Denise had oroginally sought £500,000 in compensation but the damages were agreed at £100,000.

 

More to follow…

 

https://www.thescottishsun.co.uk/news/446009/judge-rules-footie-stars-david-goodwillie-and-david-robertson-raped-mum-of-one-and-order-them-to-pay-100k/

[MacK1950 2,271]

Sometimes so called fame gets to people and becomes "look who I am" but with all the current legal cases, dealing with so many celebrities come to light, more results like this could arise as "injured parties" have courage to come forward.

[Bluedell 5,408]

Without commenting on the specifics of this case, if both parties are so drunk that they don't know what they're doing and end up having sex, the male risks being charged with rape, even if they were equally drunk?

[the gunslinger 3,366]

Without commenting on the specifics of this case, if both parties are so drunk that they don't know what they're doing and end up having sex, the male risks being charged with rape, even if they were equally drunk?

Is that what happened?

 

I wouldnt have thought being drunk was an excuse for commiting a crime. But it wont stop you being a victim.

Edited January 17, 2017 by the gunslinger

[BrahimHemdani 1]

Without commenting on the specifics of this case, if both parties are so drunk that they don't know what they're doing and end up having sex, the male risks being charged with rape, even if they were equally drunk?

 

If the defenders were sufficiently aware to give evidence that Denise wasn’t “particularly affected by alcohol”; I would think the suggestion was that they weren't particularly impaired; otherwise how would they know.

 

Also if they "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"; I would take the implication that they were fit enough to rape her and she was incapable of saying no.

 

If both parties were equally drunk and incapable then it seems unlikely that sex would have taken place at all.

Edited January 18, 2017 by BrahimHemdani

[Uilleam 5,618]

"A night out in...Bathgate". Include me out of that.

 

On a serious note, they really seem a despicable pair of degenerate lowlifes.

A civil action, such as this, does not mean they are placed on the Sex Offenders Register, as far as I know, more is the pity.

[Bluedell 5,408]

If both parties were equally drunk and incapable then it seems unlikely that sex would have taken place at all.

 

You can be very drunk but still have sex.

[Uilleam 5,618]

You can be very drunk but still have sex.

 

As is evidenced by the unfortunate woman, so drunk as to be non compos mentis, in this case.

[Bluedell 5,408]

Is that what happened?

 

I wouldnt have thought being drunk was an excuse for commiting a crime. But it wont stop you being a victim.

 

I don't think so, hence my comment about not commenting on the specifics of the case.

 

If a man and woman get pissed and have sex and the next day the woman says truthfully that she was too drunk to give proper consent, but the man was equally drunk, can he get done for rape? Perhaps the guy wouldn't have done it either if he'd been sober.

 

There seems to be a suggestion that there is a different rule for men and women and I'm asking if that is the case and if so, is it correct?

[Scott7 5,513]

Apart from strict liability offences, a person must be found to have had the intention to commit the crime of which he is accused. Being blootered mindless by drink, however, is not accepted as a defence. Slightly illogical, perhaps, but practical.