A woman who claims she was raped by former Dundee United players David Goodwillie and David Robertson has told a court she was “devastated” when told there was to be no prosecution.
The mother-of-one said she had given a statement to the Crown in May 2011 and said: “It was going to court.”
But she agreed with her counsel, Simon Di Rollo QC, that later that year she was informed there was to be no prosecution.
Mr Di Rollo asked what effect that had on her, and she replied: “I kind of felt like they didn’t believe me, but I was really quite confused, upset……I was actually devastated.”
The woman, who gave evidence in a court closed to the public, said she was later awarded criminal injuries compensation secured with the help of a lawyer.
The 30-year is suing former Scotland striker Goodwillie and Robertson, who also played for St Johnstone, after raising a £500,000 damages claim at the Court of Session in Edinburgh. The court was told that the amount of compensation to be paid to the woman if she succeeds in the action has been agreed.
In the case she alleges that both men raped her in the early hours of January 2 in 2011 at a flat in Armadale, in West Lothian, following a night out. It is claimed that she was incapable because of the effect of alcohol of giving free agreement at the time when intercourse took place.
Goodwillie, 27, who is now with Plymouth Argyle, and Robertson, of Bathgate, deny the allegation and maintain that intercourse was consensual.
They claim CCTV footage shows the woman was capable of walking, holding a conversation and using her mobile phone.
The woman earlier told the court she had no recollection of leaving a pub for a club and later woke up at the flat alone, naked and in pain.
Dorothy Bain QC, for Goodwillie, said to the woman that she was suggesting she was disinhibited through drink and consented to sexual intercourse with both men. She said: “I don’t think that’s what happened, but I cannot dispute that because I have no memory.”
Miss Bain said: “Lack of memory does not equal lack of consent.” The woman responded: “I agree with that but I was incapable of consenting.”
CCTV footage was shown and Miss Bain said that the woman was walking, talking and engaging with people. The woman replied: “I can’t agree with being able to walk because I was stumbling about.”
The hearing before Lord Armstrong continues.
