John Swinney apologises to rape victim over delay to private prosecution decision

John Swinney has apologised to the woman raped by footballer David Goodwillie over a delay to a decision on allowing a private criminal prosecution to be taken forward.

Denise Clair made the request for legal aid to fund the case six months ago but has yet to receive approval.

A civil court case in 2017 found Goodwillie, a former Scotland striker, and then-teammate David Roberston had raped Clair in 2011.

Charges against Goodwillie were dropped by the Crown Office in 2011, which said there was “insufficient evidence” to take forward a prosecution. He has continued to protest his innocence.

Clair has said the civil case was “never enough” and is seeking a private prosecution, which is a prosecution taken forward by an individual rather than a prosecuting authority like the Crown Office.

These types of prosecution are incredibly rare in Scots law and can only proceed with the permission of the High Court.

Clair’s case was raised in parliament by Scottish Conservative leader Russell Findlay, who called on the government to support the private prosecution.

He said: “Denise was forced to take civil action against two men, and a judge agreed that she had been raped. She has since asked the government to fund a private criminal prosecution, but continues to be left in limbo.

“Denise has suffered for 13 long years, and here is her question to the first minister: will your government do the right thing and support the prosecution?”

The first minister said the bid to make a private prosecution was “being considered by the government”, but he accepted it was taking “too long”.

Swinney added: “When I saw the news reports at the weekend, I asked for there to be greater urgency and engagement on this question, because I am dissatisfied with how long it’s taken. I express my apologies through Mr Findlay to Ms Clair today.”