Rape victims must not feel that raising a civil case is their only option for justice, Nicola Sturgeon has said.
The First Minster was speaking at Holyrood following a civil court’s ruling this week that former Dundee United team-mates David Goodwillie and David Robertson raped a woman following a night out in 2011.
Denise Clair took the case to a civil court after her the Crown dropped criminal proceedings against the pair before it ever reached a trial.
At FMQs, Labour MSP Claire Baker said the decision to award damages in the case was a first for the Court of Session, and she highlighted recent figures showing only 12% of rapes and attempted rapes reported to police make it to court and the conviction rate is “low”.
Ms Baker told the First Minister: “Rape Crisis Scotland are advising we will see more and more rape complainers turn to the civil justice system, but rape is a heinous crime and should always result in a criminal charge.
“What are the implications for the justice system if victims now feel the only justice they can get for these criminal acts is through the civil court system?”
Ms Sturgeon replied: “That absolutely should not be the message.
“Many of the decisions that Claire Baker is rightly talking about, and I know she understands this, are decisions for the independent prosecution services and of course for courts, but I don’t think anybody can be in any doubt about the determination of this Government to ensure that there is a really tough approach for anybody that commits sexual crimes or domestic violence.”
The First Minister said convictions for sex crimes are at an all-time high.
Ms Clair, a 30-year-old mother who has previously waived her right to anonymity, claimed the footballers raped her in the early hours of January 2, 2011 following a night out in Bathgate, West Lothian.
Plymouth Argyle player Goodwillie and his ex-United teammate Robertson were ordered to pay her £100,000 in damages on Tuesday following a civil action in the Court of Session.
Judge Lord Armstrong said in a written judgment the evidence for Ms Clair was “persuasive and compelling” and he found the two footballers raped her while she was too intoxicated to give consent.
The Crown Office said there was “insufficient evidence in law to raise criminal proceedings” in the case.
