Goodwillie victim 'in limbo' over criminal trial

The victim of rapist footballer David Goodwillie says she has been "left in limbo" by the Scottish government's failure to reopen criminal proceedings against him.

A civil action found the former Scotland striker and then-Dundee United teammate David Robertson had raped Denise Clair in 2011.

Her legal team say government ministers have failed to respond six months after their official request for legal aid to fund a private prosecution in a criminal court.

The Scottish government said it was working "as quickly as possible" to make a decision.

Ms Clair's legal team won a civil action in 2017.

Now she says she has been let down by prosecutors and needs a criminal prosecution to give her closure and "prevent the same thing from happening to anyone else".

She told the BBC's Good Morning Scotland programme: "I need a prosecution for myself but this isn’t just about me anymore.

"Throughout these last 14 years I have been let down countless times by the Crown Office.

"I feel like, if they’re not held to account, these failures will continue to happen to other people.

"Six months after raising this with the government, I have been left in limbo.

"I took on the civil case and I was very satisfied with that but it was never enough."

The Crown Office dropped rape charges against the former Scotland international in 2011 after it said there was "insufficient evidence".

Goodwillie, who has continued to protest his innocence, was later ruled to be a rapist in a civil case. He has since said he would be willing to face a criminal trial.

According to Ms Clair's legal team, he would be able to object to a future criminal trial because he was given an assurance he would not be prosecuted again after the case was dropped in 2011.

In 2017, Goodwillie and Robertson were ordered to pay £100,000 in damages after a judge ruled they raped Ms Clair at a flat in Armadale, West Lothian.

Ms Clair says that, prior to the criminal case being dropped, she had been repeatedly assured by the Crown Office that the case would be held at the High Court, only for that to be "snatched away" from her.

"It doesn’t make sense to me," she said. "There is a lot about this that makes no sense.

"It does still have a huge impact on me. Anyone who knows me knows I am a strong person, but there’s only so much one person can take.

"The message that the Scottish government is sending out is that they have failed to take action."

A Scottish government spokesperson said: "We have received this application which is unique and complex and requires proper consideration.

"We are working as quickly as possible to make a decision.”

The "complex" nature of the legal aid bid has been disputed by Thomas Ross KC, who is representing Ms Clair.

He told Good Morning Scotland: "There is nothing complicated or complex about this decision."

He added: “Anyone who reads the [civil case] judgement will have the greatest difficulty understanding why this case wasn’t prosecuted.

"The only thing that really has to be proved in this case is that Denise was incapable due to intoxication.

"In the legal aid application, I have identified eight or nine separate pieces of evidence which establish that.

"Mr Goodwillie in particular has protested his innocence on many occasions and would have the chance to give his side of the story and would be represented by legal professionals.

"I’m not by any means saying it’s a closed book but all we’re asking for is the opportunity to raise the case and give 15 members of the public the chance to decide it."

Robertson retired from football aged 30 in the days after the 2017 civil case ruling, while Goodwillie left English side Plymouth Argyle by "mutual agreement".

However, the forward soon signed with Scottish League One side Clyde, who he played for more than 100 times and captained before leaving in 2022.

Raith Rovers sparked outrage by signing Goodwillie in January 2022 and a loan move back to Clyde also collapsed.

Rape Crisis Scotland described the Raith Rovers move as another "clear message of disregard" to survivors of rape and sexual violence.

The forward was released without playing a game in September 2022, with Raith Rovers admitting it "got it wrong" by signing him.

In February last year, Northern Premier League side Radcliffe FC, based in Bury, Greater Manchester, released the striker after one game following a public outcry.

Four months later, Goodwillie's contract with Australian semi-professional club Sorrento FC was rescinded. The club apologised to anyone "that may have been caused offence by his signing".