Goodwillie Victim ‘In Limbo’ Amidst Stalled Criminal Proceedings

Denise Clair, identified as the victim of footballer David Goodwillie, has stated she feels “left in limbo” due to the Scottish government’s inaction regarding the reopening of criminal proceedings against him. A civil court ruling previously determined that David Goodwillie, a former Scotland striker and then-Dundee United teammate, along with David Robertson, had raped Denise Clair in 2011. According to her legal representatives, government ministers have not provided a response for six months following their formal request for legal aid to finance a private prosecution in a criminal court. The Scottish government commented that it was endeavoring to reach a decision “as quickly as possible.” Ms Clair’s legal team prevailed in a civil action in 2017. She now expresses feeling disappointed by prosecutors and asserts the necessity of a criminal prosecution to achieve closure and “prevent the same thing from happening to anyone else.” Speaking on the BBC’s Good Morning Scotland programme, she stated: “I need a prosecution for myself but this isn’t just about me anymore.” She further remarked: “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,” she added. “Six months after raising this with the government, I have been left in limbo,” she explained. She concluded this point by saying: “I took on the civil case and I was very satisfied with that but it was never enough.” In 2011, the Crown Office discontinued rape charges against the former Scotland international, citing “insufficient evidence” as the reason. Goodwillie, who has consistently maintained his innocence, was subsequently determined to be a rapist in a civil legal proceeding. He has since indicated his willingness to undergo a criminal trial. Ms Clair’s legal team asserts that he could potentially object to a future criminal trial, as he reportedly received an assurance in 2011 that he would not be prosecuted again after the initial case was dropped. In 2017, Goodwillie and Robertson were mandated to pay £100,000 in damages following a judge’s ruling that they had raped Ms Clair at a flat located in Armadale, West Lothian. Ms Clair recounts that, before the criminal case was discontinued, the Crown Office had repeatedly assured her the case would proceed at the High Court, only for that prospect to be “snatched away” from her. “It doesn’t make sense to me,” she commented, adding, “There is a lot about this that makes no sense.” She continued: “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,” she concluded. A spokesperson for the Scottish government stated: “We have received this application which is unique and complex and requires proper consideration.” The spokesperson added: “We are working as quickly as possible to make a decision.” Thomas Ross KC, who represents Ms Clair, has challenged the assertion that the legal aid application is “complex.” He informed Good Morning Scotland: “There is nothing complicated or complex about this decision.” He further remarked: “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,” he explained. “In the legal aid application, I have identified eight or nine separate pieces of evidence which establish that,” he stated. “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,” he noted. He concluded: “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 ceased playing football at the age of 30 shortly after the 2017 civil case verdict, whereas Goodwillie departed English club Plymouth Argyle via “mutual agreement.” Nevertheless, the forward soon joined Scottish League One team Clyde, where he made over 100 appearances and served as captain before his departure in 2022. Raith Rovers’ signing of Goodwillie in January 2022 provoked widespread indignation, and a subsequent loan transfer back to Clyde also failed. Rape Crisis Scotland characterized the move by Raith Rovers as an additional “clear message of disregard” towards survivors of rape and sexual violence. The forward was released in September 2022 without having played a single match, with Raith Rovers acknowledging that it “got it wrong” by signing him. In February of the previous year, Radcliffe FC, a Northern Premier League team based in Bury, Greater Manchester, terminated the striker’s contract after a single game due to public protest. Four months subsequent to this, Goodwillie’s contract with the Australian semi-professional club Sorrento FC was revoked. The club issued an apology to anyone “that may have been caused offence by his signing.”