We Will Treat a Rape the Way We Would Approach a Murder. We Will Look at the Whole Picture. Does That Picture Present a Story of Consent or a Lack of Consent? - Derek Ogg QC Takes over the National Sex Crimes Unit in 2009; THE ANGER CALLS FOR AN INQUIRY INTO CROWN OFFICE DECISION

Sunday Mail (Glasgow, Scotland), January 26, 2014 | Go to article overview

We Will Treat a Rape the Way We Would Approach a Murder. We Will Look at the Whole Picture. Does That Picture Present a Story of Consent or a Lack of Consent? - Derek Ogg QC Takes over the National Sex Crimes Unit in 2009; THE ANGER CALLS FOR AN INQUIRY INTO CROWN OFFICE DECISION


Scotland's most senior prosecutor is under mounting pressure to explain the decision to drop the rape case against David Goodwillie.

According to Derek Ogg QC, who led the National Sex Crimes Unit at the time, the Lord Advocate Frank Mulholland personally took the decision after reviewing the evidence.

Witnesses have now told the Sunday Mail that Goodwillie's alleged victim Denise Clair was so drunk or drugged that she could never have consented to sex.

And politicians and campaigners are demanding that Mulholland explains why he ditched the case.

His decision fell under fresh scrutiny as politicians and prosecutors battle to increase public confidence in a system where only three per cent of rapes reported to police lead to a conviction.

Denise's MSP Neil Findlay called on Mulholland - Scotland's most senior law officer - to launch an urgent review.

Findlay said: "There needs to be a thorough investigation into why this case was dropped. The law was changed to allow the prosecution of men having sex with women incapable of giving consent through drink or drugs.

"Witnesses describe Denise as being incapacitated, so she deserves a explanation about why the evidence was not tested in court. We all deserve to hear that explanation."

Labour peer Baroness Helena Kennedy, an experienced QC, said the eye-witness accounts raise serious questions about the decision to drop the Goodwillie case.

She said: "There is a long history of rape cases not being investigated satisfactorily and it sounds as though this is a case which should be re-examined.

"We should expect a good explanation to be given for not proceeding with a prosecution when there are witnesses who speak about the incapacity of a victim immediately before sexual activity."

Tory justice spokeswoman Margaret Mitchell said: "If there is compelling evidence, the case should be looked at again."

Yesterday, Ogg said he played no part in the decision to drop the case against the footballer. He said he deliberately did not get involved as he was preparing to leave his post at the unit.

Ogg added: "I acted exactly according to the policy, practice and procedures of Crown Office.

"The Crown Office will answer for any decision the Crown Office made as an institution, of which I was a part.

"Confidentiality prevents me from discussing the matter further."

Ogg was the first leader of Scotland's National Sex Crimes Unit.

When the unit was launched in 2009, he said: "It is time the abusers felt frightened and scared. It is time they realised that we are on their case.

"We will treat a rape the way we would approach a murder, looking at the whole picture.

"Does that picture present a story of consent or lack of consent?" The 2009 Sexual Offences (Scotland) Act meant, for the first time, that men could be convicted of rape if they had sex with a woman incapable of consenting because of drink or drugs.

Ogg said: "If you are a rapist picking on a woman, are you going to pick a woman who is alert or will you hang around a nightclub and spot the woman who is stumbling about, who is drunk? "It's not just putting that suggestion in the jury speech but also looking at CCTV evidence, tracing the taxi driver who picked up an accused and complainant, finding the barman and asking how much she drank. What weight is she? What height? What impact will alcohol have on her?" Ogg's appointment had the backing of then Lord Advocate Elish Angiolini and leading defence QCs including the late Paul McBride, who said: "The unit has the full support of the defence bar, as well as most right-thinking people. Derek Ogg will be an outstanding leader."

Ogg quit the sex crimes team in July 2011 as the charge against Goodwillie was dropped.

Denise said: "For six months, I had been told the case was going ahead. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

We Will Treat a Rape the Way We Would Approach a Murder. We Will Look at the Whole Picture. Does That Picture Present a Story of Consent or a Lack of Consent? - Derek Ogg QC Takes over the National Sex Crimes Unit in 2009; THE ANGER CALLS FOR AN INQUIRY INTO CROWN OFFICE DECISION
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.