David Goodwillie Faces Potential Private Rape Prosecution Soon

Former Scotland footballer David Goodwillie is poised to learn whether he will face a private criminal prosecution for rape within weeks. The case, initiated by Denise Clair, is under consideration by a single judge. The Sunday Post reports that a Bill of Criminal Letters was submitted on Friday, a legal process in Scottish law that permits private prosecutions when the Lord Advocate chooses not to pursue charges.

If the case proceeds, it could lead to Goodwillie, aged 36, appearing in court shortly. This development follows a civil ruling in 2017, where it was determined that Goodwillie and his then-Dundee United teammate, David Robertson, raped Clair in 2011. Goodwillie has expressed a desire to contest the evidence against him in a criminal court.

In a previous podcast, Goodwillie stated, “I don’t want to be known as a rapist. That is why I want to fight and clear my name.” He emphasized his determination for “the truth to come out.”

A representative from the Crown Office and Procurator Fiscal Service (COPFS) explained to the Sunday Post that they had reviewed all pertinent information before deciding against a prosecution. “We understand this continues to cause Denise Clair great upset,” the spokesperson said. “The Crown is unable as a matter of law to concur in the Bill for Criminal Letters. Whether there should be a private prosecution will be determined by judges in court.”

Goodwillie was initially charged with raping Clair, whom he met on New Year’s Eve in 2011 during a night out. However, the charges were dropped by COPFS due to “insufficient evidence in law.” In the 2017 civil case, Lord Armstrong found that both Goodwillie and Robertson had taken advantage of Clair’s vulnerability due to excessive alcohol consumption, rendering her incapable of giving meaningful consent. The ruling stated that they each raped her.

Clair and Goodwillie first crossed paths at a bar in Bathgate on Hogmanay in 2011, where the players offered her drinks. Later, at a nightclub in West Lothian, staff became concerned for Clair’s wellbeing as she appeared close to losing consciousness. Despite their concerns, Goodwillie and Robertson insisted on taking her home. Clair later woke up alone, naked, and locked in an unfamiliar flat, with no recollection of how she had arrived there.

The potential private prosecution could take place at the High Court by summer 2024. Clair shared with 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 added, “As Goodwillie has personally asked for the case to be heard in court, there can be no stronger argument for that now to happen.”