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17 January 2017, 13:01
A woman who alleged that she was raped by two footballers on the basis that she was incapable of giving 'free agreement' because of the effect of alcohol has been awarded damages after she was found to have proved her case.
The Court of Session in Edinburgh has ruled that both defenders took advantage of the woman when she was 'vulnerable through an excessive intake of alcohol' and that they each raped her.
Footballer David Goodwillie will not be selected to play for Plymouth Argyle until the club has considered a court judgment which ruled he and a former teammate raped a woman.
The former Scotland international and his ex-Dundee United teammate David Robertson have been ordered to pay £100,000 damages to the woman despite never facing a criminal trial.
Goodwillie was accused of serious sexual assault against a young woman in Armadale, West Lothian, in January 2011 but the charge was dropped in July that year.
Robertson was also questioned in connection with the incident.
The woman had originally sought £500,000 in compensation but damages of £100,000 were agreed in the civil action at the Court of Session in Edinburgh.
In his judgment, Lord Armstrong said: "Having carefully examined and scrutinised the whole evidence in the case, I find the evidence for the pursuer to be cogent, persuasive and compelling.
"In the result, therefore, I find that in the early hours of Sunday January 2, 2011, at the flat in Greig Crescent, Armadale, both defenders took advantage of the pursuer when she was vulnerable through an excessive intake of alcohol and, because her cognitive functioning and decision-making processes were so impaired, was incapable of giving meaningful consent; and that they each raped her.''
Plymouth Argyle said in a statement: "We note today's judgment from the Court of Session in Edinburgh regarding David Goodwillie.
"We await the full report, which we will consider in detail before making any comment.
"Until such time, David Goodwillie will not be selected to play for Plymouth Argyle.''
Robertson currently plays for Scottish League Two side Cowdenbeath.