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Footballers lose appeal against ruling they raped woman

David Goodwillie and David Robertson challenged order to pay £100,000 to Denise Clair.

Composite of David Goodwillie, David Robertson and Court of Session after rape ruling
STV

A former Scotland international footballer and his ex-teammate have lost an appeal against a civil ruling that they raped a woman.

Former Dundee United players David Goodwillie and David Robertson challenged Lord Armstrong's finding in favour of Denise Clair.

They were ordered earlier this year to pay Ms Clair £100,000 in damages.

Their appeal was unanimously rejected by three appeal judges on Tuesday.

Ms Clair, 30, claimed in a civil action that she was a victim of sexual assault and rape by the men at a flat in Armadale, West Lothian, after she had gone for a night out on January 1, 2011 in nearby Bathgate.

Following an evidential hearing, Lord Armstrong judged earlier this year that both players raped her.

Both Goodwillie, 28, and Robertson, 31, accepted they had sexual intercourse but maintained it was consensual.

A full police investigation was carried out into the incident but no criminal prosecution took place.

The players claimed Lord Armstrong erred in his treatment of evidence from a witness, Clifford Wilson, who was an upstairs neighbour at the Greig Crescent flat.

Mr Wilson said he heard giggling and laughing and what sounded like "normal sex" from the downstairs flat.

Lord Armstrong had said he considered the evidence to be confused.

Goodwillie, who now plays for Clyde, and Robertson, who has retired from football, also argued the judge was mistaken in his assessment of the extent to which the players were aware Ms Clair was drunk.

Rejecting the appeal, the lord justice clerk Lady Dorrian said: "Even if what Mr Wilson heard could have been attributed to the events in question, we are not persuaded that this would have made any difference to the outcome."

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