Footballers David Goodwillie and David Robertson lose appeal against civil court rape ruling

Published 28th Nov 2017
Last updated 28th Nov 2017

Two former football players have lost an appeal against a civil ruling that they raped a woman and she was entitled to £100,000 damages.

Ex-Dundee Utd stars David Goodwillie (pictured) and David Robertson had brought a legal challenge against Lord Armstrong's finding in favour of Denise Clair but it was unanimously rejected by three appeal judges today.

The 30-year-old had claimed in a civil action that she was a victim of sexual assault and rape by the men at a flat in Armadale in West Lothian, after she had gone for a night out on January 1 in 2011 in nearby Bathgate.

Following an evidential hearing Lord Armstrong said in a judgement issued earlier this year: "I find that in the early hours of Sunday January 2 2011 at the flat in Armadale, both defenders (the players) 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."

Both Goodwillie (28) and Robertson (31) had accepted that they had sexual intercourse but maintained that it was consensual.

A full police investigation was carried out into the incident but no criminal prosecution took place.