David Goodwillie to Learn Fate in Rape Case Within Weeks

Former Scottish footballer David Goodwillie is poised to discover whether he will face a private criminal prosecution for rape within weeks. The decision will follow a legal action initiated by Denise Clair, the alleged victim, and will be adjudicated by a single judge. The Bill of Criminal Letters, a unique legal measure in Scottish law that permits private prosecutions when the Lord Advocate opts not to pursue charges, was filed on Friday.

If this action is successful, Goodwillie, aged 36 and formerly with Glasgow United, could find himself appearing in court imminently. This development comes on the heels of a civil ruling in 2017, which determined that Goodwillie and his then-teammate, David Robertson of Dundee United, raped Clair in 2011.

In a podcast, Goodwillie expressed a desire to clear his name, stating, “I don’t want to be known as a rapist. That is why I want to fight and clear my name.” He further emphasized his commitment to uncovering the truth surrounding the allegations.

A representative from the Crown Office and Procurator Fiscal Service (COPFS) commented on the case, saying: “We considered all relevant information before deciding not to proceed with a prosecution in this case. We understand this continues to cause Denise Clair great upset.” The spokesperson added that the Crown cannot legally support the Bill for Criminal Letters, leaving the decision on whether to proceed with a private prosecution to the judges.

Goodwillie was originally charged with raping Clair, whom he encountered during a New Year’s celebration in 2011. However, the charges were dropped due to “insufficient evidence in law.” In the civil case ruling from 2017, Lord Armstrong stated that both Goodwillie and Robertson took advantage of Clair, who was deemed vulnerable due to excessive alcohol consumption. Armstrong concluded that Clair’s impaired cognitive functioning rendered her incapable of giving meaningful consent, resulting in the conclusion that both men had raped her.

The incident began when Clair met Goodwillie and Robertson at a bar in Bathgate on Hogmanay in 2011. After purchasing her drinks, the players later insisted on taking her home when nightclub staff expressed concern for her well-being. Clair subsequently woke up hours later, disoriented, without clothes, and alone in an unfamiliar apartment.

If the private prosecution proceeds, the case may be heard at the High Court by next summer. Clair remarked to The Sunday Post, “This has been a long, lonely, difficult journey to have the evidence judged in a criminal court. I am relieved that, finally, I am hopefully only weeks away from seeing that process begin.” She emphasized that Goodwillie’s personal request for the case to be tried in court strengthens the argument for the prosecution to move forward.

As the situation develops, both the legal and public ramifications of this case are likely to unfold in the coming weeks, impacting all parties involved.