Legal aid approved for private rape prosecution

Legal aid has been approved to fund an application for the private prosecution of the former Scotland striker David Goodwillie for rape.

A civil court ruled in 2017 that footballer Goodwillie and his former teammate David Robertson raped Denise Clair, but no criminal charges were filed against the pair.

Ms Clair is seeking a rare private prosecution, where an individual tries to prosecute rather than the Crown, but is reliant on financial assistance from the government to go ahead.

After a long-running application, which First Minister John Swinney said in November was taking too long, ministers announced on Sunday that legal aid had been granted for the first stage of the proceedings.

Speaking to the Sunday Post newspaper, Ms Clair said: "I am elated that after all these years, I can finally begin the journey to proper justice.

"I have waited all this time to have the facts of this case tested in criminal court.

"It is disappointing that the Scottish government made me wait an agonising extra year for a decision they could have made in 24 hours given they agree how exceptional this case is.

She added: "I'm determined to see this journey to the bitter end for me and every other rape victim let down by our criminal justice system."

The newspaper reported that the funding amounts to £2,500.

It is understood that this will fund the application to the High Court to pursue a private prosecution.

A spokesperson for the Scottish government said: "This has been a particularly unique and complex case which required detailed consideration.

"After careful assessment ministers have decided to award legal aid in this case."

Goodwillie currently plays for West of Scotland League side Glasgow United, but at the time of the attack in 2011 he and his then-teammate Robertson played for Dundee United.

Ms Clair claimed Robertson and Goodwillie raped her at a flat in Armadale, in West Lothian, after a night out in Bathgate in January 2011.

The Crown Office dropped rape charges against the footballers later that year after it said there was "insufficient evidence" to prosecute them.

Ms Clair's legal team went on to bring a civil action, which they won in 2017 - despite Goodwillie, a former Scotland international, protesting his innocence.

A judge ordered the footballers to pay £100,000 in damages to Ms Clair as a result.

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, he 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.

The forward was released without playing a game in September 2022, with Raith Rovers admitting it "got it wrong" by signing him - despite initially doubling down on its decision to sign Goodwillie.

In February 2023, 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".

He joined West of Scotland League side Glasgow United in July 2023, a month after his departure from Australia.

Glasgow City Council threatened to bar the club from its training facility after the signing, but the club stood by him and said there had been a "witch hunt" against the player.

He remains with the West of Scotland Football League third division side.