Betrayed: Footballer rape victim says FM has broken promise on legal aid decision

David Goodwillie rape victim Denise Clair has accused First Minister John Swinney of “betrayal” as she continues to wait to learn if she will be given legal aid to fund a private prosection of the footballer.

In November the First Minister promised she would get a decision “very soon” after being challenged over the then 10-month delay in reaching a decision.

Moments after Scottish Conservative leader Russell Findlay berated Swinney over the delay, the First Minister met Ms Clair and told her: “I wanted to tell you personally that I was sorry you have had to wait so long for an answer.

“Nobody should have to wait that long.

“However, I promise you that although I cannot tell you what the result will be, you will get an answer very soon now I have put some impetus behind it.”

Since then Ms Clair has heard nothing.

‘I feel betrayed’

She said: “Despite the First Minister’s personal assurances, I’m now going into my 14th year fighting for justice and I feel betrayed.

“I don’t believe for a moment the government haven’t already made their mind up.

“They know their continuing delay is causing real harm.”

© Alan Simpson Photography

Findlay said: “Having apologised to Ms Clair for the unacceptable length of her ordeal, John Swinney then gave her an assurance that he was committed to putting some impetus into the long-awaited decision.

“Those words are beginning to sound increasingly hollow.

“While this is an unusual case, criminal justice system delays have become typical during 18 years of SNP rule, often causing further pain to victims.”

Ms Clair was targeted by professional footballers David Goodwillie and his friend David Robertson during a rare night out for the prison service education worker in January 2011.

In a premeditated attack, the players took Ms Clair to an empty house in Armadale. They both raped her before leaving her there, naked and completely disorientated.

Robertson was never charged and the case against Goodwillie was controversially dropped by prosecutors despite evidence suggesting she was too drunk or drugged to give consent.

Tests to check if her drink was spiked were carried out too late but a potentially lethal level of alcohol was found in her system.

Ms Clair then took a landmark civil action which ruled in 2017 that both players were rapists.

She was awarded £100,000 but has never seen a penny, despite previously turning down a £115,000 offer to drop the case.

Private prosecution

Ms Clair is now determined to bring the first private criminal prosecution as she fights for justice.

Because of the way the protocol for the Scottish Legal Aid Board was drawn up, the Scottish Government must decide whether to fund the case.

Ms Clair said: “If Goodwillie and Robertson had been forced to pay what the civil court awarded me, I would have used that money to fund the prosecution. I never wanted their money, I wanted justice.

“But the system let me down again.

“The reality is that I am the only one who has been left out of pocket. I’ve paid thousands while Goodwillie and Robertson played the system.”

Goodwillie made himself bankrupt without ever paying a penny to his victim and insists his life has been destroyed over what he claims was a consensual act.

After learning of Swinney’s apology to Ms Clair, Goodwillie, who has previously said in a podcast that he now wants the private prosecution so he can clear his name, took to social media to whine about being persecuted.

He said: “Wee Nicola Sturgeon! Big Val McDermid, now Big John Swinney! Am starting to think the SNP don’t like me… who’s next?”

Ms Clair said: “If you commit such a dreadful crime, you deserve to be punished. Those predators have never shown a second of remorse for what they did.

“Instead, they were lauded, celebrated, and held on a pedestal as sporting heroes.

“Football fans chanted “Goodwillie –he does what he wants!”

“Goodwillie was even awarded Young Player of the Year by the Scottish Professional Footballers Association during the time he was charged with raping me.

“No wonder sportsmen think they are untouchable.”

Ms Clair said there is “no excuse” for the government delays.

She said: “The whole world looked on as heroic Gisele Pelicot shone a new light on the horror of rape and the impact on victims while the Scottish government appear to be tone deaf that they are culpable for their failure to adequately deal with this most heinous of crimes and how they treat survivors like me.”

The Scottish Government said: “This matter is a priority which is why we continue to engage with Ms Clair’s legal team ahead of finalising the decision.”