Goodwilly and former Dundee United teammate David Robertson were accused of raping Denise Clare in 2011, but the Crown Office did not initiate prosecution, citing “insufficient evidence”.
Instead, Ms Clare filed a civil lawsuit against the couple, and in 2017 a judge ruled that both men – who played for Dundee United – raped her.
When asked about the case in the Scottish Parliament, Solicitor General Ruth Charteris said that “there is no reasonable chance of a conviction” and that when it was heard in 2017, an independent lawyer concluded that “the decision not to prosecute was right.” “.
In response to a question from Scottish Conservative MP Russell Findlay asking for details of the review to Ms Clare, Ms Charteris said: “I understand that the decision not to prosecute continues to be a great distress to Denise Clare.
“I am sincerely sorry that Miss Claire feels that she was not provided with the relevant information.
“I was asked about the disclosure of information. I understand that she previously attended a meeting with prosecutors in 2011, and also that a post-case letter was sent to MSP in 2017 suggesting a meeting.
“I have already told Mr. Findlay that I would be very glad to meet with Miss Clare to explain the reasons for my decision, if it would be to her advantage.
“And, in fact, I would also like to hear from Ms. Claire about her background in the criminal justice system to help the Queen’s Office with our ongoing broader review of sex crime prosecutions.”
This follows an announcement that Ms Clare is working with lawyers to try to bring a private rape charge against her attackers.
Thomas Ross QC, who is working with solicitor Melissa Rutherford to bring a rare private prosecution brought by an individual rather than the Crown Office, said he hopes to restore his client’s faith in the criminal justice process.
Writing about the move in Scottish Legal News, Mr Ross said: “Many have argued that any prosecution would result in an acquittal. These people may be right, but even after 11 years, the controversy around this case does not subside.
“Private prosecution will give any defendant the opportunity to convince the jury that an acquittal should be handed down.”
A letter was sent to Scotland’s Attorney General, Lord Advocate Dorothy Bain QC, informing her of the intention to file a private prosecution. However, the case cannot be adjudicated if the Royal Office refuses permission.
Ms Clare, who waived her right to anonymity, told detectives that Robertson and Goodwillie raped her in an apartment in Armadale, West Lothian, after a night in Bathgate in January 2011.
She said she couldn’t remember what happened after visiting the Bathgate bar and woke up the next morning in an unfamiliar apartment.
The players claimed that the sex was consensual.
Ms Clare initially sought damages of £500,000, but later in a civil action in the Court of Session, damages of £100,000 were agreed.