Denise Clair seeks justice through a rare private prosecution after a civil court ruling.
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The Scottish Government has made a significant decision by approving legal aid for Denise Clair, who is pursuing a private prosecution against former footballer David Goodwillie for rape. This case has garnered attention due to its unique circumstances and the long wait for justice faced by Ms.
Clair.
Background of the case
In 2017, a civil court ruled that Goodwillie, currently playing for Glasgow United in the West of Scotland League, and his former teammate David Robertson were responsible for the rape of Denise Clair. Despite this ruling, no criminal charges were filed against them, leaving Ms.
Clair without the justice she sought. The absence of criminal proceedings has led her to seek a rare private prosecution, a legal avenue where an individual can initiate prosecution without the Crown’s involvement.
Legal aid approval and its implications
After a prolonged application process, the Scottish Government announced on Sunday that it had granted legal aid to Ms. Clair, allowing her to move forward with her case. First Minister John Swinney had previously expressed concerns about the delay, indicating that the decision was taking longer than expected. The funding, amounting to £2,500, is crucial for Ms. Clair as she embarks on this challenging journey toward justice.
Denise Clair’s response and determination
In an interview with the Sunday Post, Ms. Clair expressed her elation at the news, stating, “I am elated that after all these years, I can finally begin the journey to proper justice.” She emphasized her determination to see the case through to the end, not only for herself but for all victims of sexual violence who feel let down by the criminal justice system. Ms. Clair’s case highlights the challenges faced by victims seeking justice, especially when the legal system appears to fail them.
Government’s stance on the case
A spokesperson for the Scottish Government acknowledged the complexity of the case, stating, “This has been a particularly unique and complex case which required detailed consideration.” The decision to grant legal aid reflects the government’s recognition of the exceptional nature of Ms. Clair’s situation and the need for thorough assessment before proceeding.
As the case unfolds, it raises important questions about the effectiveness of the legal system in addressing sexual violence and the support available for victims. The outcome of this private prosecution could set a precedent for future cases and influence public perception of how such matters are handled in Scotland.
