Former Scotland striker David Goodwillie today told a court he regretted leaving a flat after having sex with a woman who has since accused him and a teammate of rape.
The ex-Dundee United man said: “I do regret leaving. I do think if I stayed no one would have been here today … I just think waking up somewhere where you don’t know where you are, it must have been terrifying.”
The woman is now suing Goodwillie and former United colleague David Robertson for damages in a civil action claiming she was raped by both in the early hours of the morning of January 2 in 2011. Both men deny the allegation.
Dorothy Bain QC, for Goodwillie, asked if he thought at any stage the woman was not consenting to what took place and he replied: “No.”
The senior counsel asked him: “At any time did you think she was too drunk, too intoxicated to consent to what you were doing?”. He said: “No.”
She said: “Did she ever say she didn’t want to have sex with you?”. The Plymouth Argyle player said: “No.”
Goodwillie, who married earlier this year, told the court that he and Robertson had played for Dundee United in a New Year game against Aberdeen. He had scored a later equaliser.
Goodwillie said he had planned to go out in his home town of Stirling that evening after the match with a cousin for a few drinks, But he said the first bar was “dead” and arrangements were made to meet up with Robertson in Bathgate, in West Lothian.
They were heading for the Glenmavis Tavern, also known as Smiths, and were driving up the town’s main street when they saw two women and asked directions. One of them was the woman now suing him who was out for evening with a friend.
Goodwillie said the women indicated they were going to the same pub. He and his cousin had joined Robertson and a group of his friends in the bar.
Miss Bain asked if he had met up with the two women in the back bar at the premises and he said: “Yes, I think that’s when we established each other’s names.”
He was asked if he found either of them attractive and said: “Yes, I did. I thought both of them were attractive.” He said he had been speaking a bit more to the other woman.
After the pub they moved on to Chalmers nightclub in the town. He said that in the club the woman who has now accused him of rape bought him a drink and he was dancing with her friend.
Goodwillie agreed that after the club he was hoping to go on to a flat in Armadale with Robertson and the two women.
He was asked how the woman suing him seemed to him. He said: “She seemed fine. She was drunk just like us, but no worse off than any of us.”
A taxi was flagged down and the woman got in with the two footballers, but her friend did not want to go and said she was tired, he told the court.
He said that during the taxi journey he thought the woman was “drunk, but she was fine, speaking, in conversation”.
He said that initially all three went to the living room in the flat but Robertson and the woman left the room. He said his phone battery was low and he was looking for a charger. He went into a room where Robertson and the woman were kissing.
The footballer said he was “just drunk” and went into the room and “one thing led to another”.
Goodwillie said the woman and Robertson were having sex and she reached over to Goodwillie before performing a sex act on him.
Miss Bain asked him if had sensed that she was unhappy about that or did not know what she was doing. He replied: “No.”
Goodwillie said he thought that Robertson’s phone had vibrated and he said he had to leave but never gave an explanation. Goodwillie was asked how the woman reacted and said: “I don’t think she was happy.”
He said after his then teammate left he and the woman were kissing and that led to intercourse. Afterwards she went to the bathroom and he heard her giggling.
He said she then went to another bedroom and got under the covers. He had spoken to her and told her he wanted to go home, but she said she was staying
“I didn’t want to leave her there either. She was having none of it and wanted to stay,” he said.
Goodwillie said he thought she swore at him when he left.
He made his way back to his car in Bathgate and drove back to Stirling.
Simon Di Rollo QC, for the woman, asked him at what point in the evening he had formed the intention to have intercourse with her. He replied: “It wasn’t until I was in the room.”
He asked him if he had no intention of having sex with her when they were in the taxi and he replied: “No.”
Mr Di Rollo said: “Did you say in the taxi ‘I have got to do my duty’?”. Goodwillie said: “No. I don’t remember saying that.”
Goodwillie agreed that he had been interested in the other woman who had been on a night out and that she turned him down.
The 30-year woman is suing former Goodwillie and ex-St Johnstone player Robertson after raising a £500,000 damages claim at the Court of Session in Edinburgh.
It is alleged both men raped the 30-year-old woman in the early hours of January 2 at a flat in Armadale. It is claimed that she was incapable of giving free agreement at the time when intercourse took place.
Goodwillie, who is now with Plymouth Argyle, and Robertson, of Bathgate, deny the allegation and maintain that intercourse was consensual. Neither was prosecuted.
They claim that CCTV footage shows the woman was capable of walking, holding a conversation and using her mobile phone.
The hearing before Lord Armstrong continues.
