A COURT ruling that labelled two prominent footballers rapists has raised "serious questions" about the Scottish legal system after it emerged neither will be placed on the sex offenders register, a victims' charity has warned.
Scotland international striker David Goodwillie and his ex-Dundee United teammate David Robertson were ordered to pay Denise Clair £100,000 in damages after a judge in a civil court case found they raped her following a night out in Bathgate.
But because neither faced a criminal prosecution they are not subject to the same sanctions as those convicted of rape, and face no further penalties.
Read more: Judge rules Scots footballer David Goodwillie and former teammate raped woman
Ms Clair launched her civil case after the Crown Office decided against pursuing the two men in the criminal courts.
Rape Crisis Scotland co-ordinator Sandy Brindley called for a review of the law as she now expects more rape cases to be brought to the civil courts following Ms Clair's successful action.
Ms Brindley said: "This is a landmark legal case, and it raises many questions which will have to be answered going forward.
"I predict we will see more people considering coming forward with civil court actions over rape cases as historically it has been difficult for these cases to come to a criminal court and even more difficult to secure a conviction."
She added: "The judge has decided that these men are rapists - but neither will be on the sex offenders register and that's something which needs to be looked at before more cases are launched.
"It is a serious concern that these men are considered sex offenders but will not be labelled as such."
Ms Clair, 30, who waived her right to anonymity, was praised as "incredibly brave" by judge Lord Armstrong, who dismissed Goodwillie's and Anderson's version of events.
Read more: Judge rules Scots footballer David Goodwillie and former teammate raped woman
She was raped by the two men in the early hours of January 2, 2011 at a property in Armadale, West Lothian, when she was heavily intoxicated.
She woke naked and confused in a house she had no memory of going to, and found her clothes stuffed down the side of the bed. She told the court she would never have consented to sex with two men on the same evening.
Scott Whyte, leading personal injury solicitor and head of law firm Watermans, said that the ruling could have wide-reaching implications.
He said: "Being found guilty in a civil case is not the same as being convicted in a criminal case. In Scotland, criminal law requires the Procurator Fiscal to establish guilt ‘beyond reasonable doubt.’ Conversely, civil law requires the pursuer to prove their case on the ‘balance of probabilities.’
"This means it is more difficult to prove guilt in a criminal case. With regards to this specific case, the Procurator Fiscal decided against proceeding with criminal charges in July last year.
"As this is a civil case neither Goodwillie and Robertson have been convicted of a criminal offence, meaning they will not be placed on the sex offenders register because this was a civil case. Time will tell what sort of impact the verdict will have on both players’ careers."
As with all civil cases, both men have 21 days from the judgement to lodge an appeal.
Read more: Judge rules Scots footballer David Goodwillie and former teammate raped woman
Yesterday, Goodwillie released statement insisting he was innocent, and saying the was considering returning to court.
He said: "I have spent the last six years and every penny I have fighting the allegations against me.
"I am struggling to understand why the judge has discounted my evidence and all of the other evidence of those who have said what they saw or heard that morning.
“I am currently taking advice on what options are open to me regarding lodging an appeal."
He added: “As a 21 year old I acted immaturely, naively and probably not as respectfully or with the same consideration towards someone I was with as I could have, and if that was the case I apologise for that."
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