Woman suing ex-Dundee Utd footballers ‘was incapable of consenting’ to sex

Ex-Dundee Utd footballers David Goodwillie (pictured) and David Robertson are being sued over rape allegations. Picture: SNS Group.
Ex-Dundee Utd footballers David Goodwillie (pictured) and David Robertson are being sued over rape allegations. Picture: SNS Group.
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A WOMAN who is suing two footballers claiming that she was raped by them was obviously in “serious difficulty” at the end of an evening out when she was leaving a nightclub, a court has heard.

Counsel for the woman, Simon Di Rollo QC, said there was “a significant, powerful body of evidence” which disclosed that she was severely intoxicated.

READ MORE: David Goodwillie’s regret over night which led to rape allegation

Mr Di Rollo told the Court of Session in Edinburgh: “Plainly, in this case the pursuer [the woman] was incapable of consenting having regard to the amount of alcohol she had consumed.”

He maintained that former Scotland striker David Goodwillie and his then Dundee United team mate David Robertson would have known that.

Mr Di Rollo said in his submission after the close of evidence in the civil action: “The impact of this event has been very significant indeed for her.”

READ MORE: Scotland’s David Goodwillie to defend himself in rape trial

The 30-year-old woman is suing the players after raising a £500,000 damages action alleging that they raped her in the early hours of 2 January 2011 in Armadale, West Lothian.

The hearing continues.