Q&A: How civil court case led to outrage over Raith Rovers’ signing of striker David Goodwillie

Raith Rovers are facing a furious backlash over the decision to sign striker David Goodwillie from Clyde, who was branded a rapist in a civil court.

Author Val McDermid withdrew her support and sponsorship of the club, while two of the Kirkcaldy club’s directors, six members of staff and the captain of its women’s team have resigned in protest.

Sportsmail’s Brian Majoribanks explains how the first civil rape case of its kind in Scotland branded David Goodwillie a rapist even though he never faced a criminal trial over the rape accusation. 

Q) Why was the former Dundee United, Blackburn Rovers and Scotland striker never tried in a criminal court?

A) Goodwillie and former Dundee United team-mate David Robertson were accused of raping Denise Clair at a house in Armadale, West Lothian, after a night out in Bathgate on January 2, 2011. But the Crown said there was insufficient evidence to bring the case to court and the charges against Goodwillie were dropped. Robertson was never charged.

New signing David Goodwillie watches Raith against Queen of the South on Tuesday night

Q) What happened next?

A) Despite the stance of the Crown Office, the Criminal Injuries Compensation Authority determined that Ms Clair had, in fact, been raped and awarded her £11,000 — the highest possible award.

Q) Was that the end of the legal process?

A) No. Ms Clair decided to sue Goodwillie and Robertson in a civil action in what was the first civil rape case of its kind in Scotland. Ms Clair sought £500,000 damages from the duo.

Q) What is the burden of proof in a civil court?

A) The case needed to be proven to a judge on the balance of probabilities. In a criminal court, a jury would have to be persuaded of Goodwillie’s guilt beyond reasonable doubt.

Raith Rovers’ decision to give a contract to former Blackburn Rovers striker David Goodwillie, 32, has caused revulsion among fans including writer Val McDermid, who has ended her sponsorship of the football club 

Q) What happened in the civil hearing?

A) The case centred on whether Ms Clair was too drunk to give consent to have sex with the players. Goodwillie and Robertson admitted having sex but said it was consensual. Witnesses testified to Ms Clair being very drunk when she left a club with the footballers. Medical and forensic witnesses also backed her story. In January 2017, Lord Armstrong, presiding, ruled Ms Clair had been raped and was awarded around £100k in damages.

Q) What was said about the testimonies of Goodwillie and Ms Clair?

A) Lord Armstrong was critical of Goodwillie, saying his evidence was ‘partial’ and partisan’. He ruled: ‘both defenders 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.’ In contrast, the testimony of Ms Clair was described by Lord Armstrong as: ‘cogent, persuasive and compelling’.

David Goodwillie’s signing was heralded by Raith Rovers – but fans have turned against them

Q) Why did Ms Clair waive her anonymity?

A) In 2013, Ms Clair waived her right to anonymity to hit out at the justice system. Later after winning the civil case, she again told of her devastation that the rape case had never reached the criminal courts. She revealed how lawyers acting for Goodwillie and Robertson had offered her up to £115,000 to drop the case.

Q) Why did Clyde FC sign Goodwillie after the civil case ruled he had raped Ms Clair?

A) Faced with a backlash when Goodwillie signed for Clyde in March 2017, incoming chairman Norris Innes defended the move. He said the then-League Two club was ‘seeking to help someone when others want to punish him…there is no positive purpose or societal gain whatsoever to wish ill on him and allow his talents to stagnate and waste.’

Q) What has Goodwillie had to say about the case?

A) In 2011, he told The Scotsman it had been: ‘total and utter hell, the worst moments of my life. It was a dark time. My life stopped after the accusation was made. It’s the end of the world when something like that happens to you.’ Goodwillie was declared bankrupt in 2019.

Q) Has David Goodwillie ever publicly acknowledged his guilt?

A) No. But he declined to appeal the civil case ruling in the Supreme Court.