Glasgow & West Scotland

Two men cleared of Linwood 'fancy dress' rape attack

Two men have been cleared of raping a woman after she left a fancy dress party in Renfrewshire.

Scott Robertson, 25, from Howwood, and Gary McDougall, 25, originally from Linwood, who now lives in Australia, denied carrying out the attack near Moss Road, Linwood, on 29 October 2006.

They said the sex was consensual. At the time all three were aged 17.

At the High Court in Glasgow a jury took 15 minutes to find both men not guilty of rape.

The court heard that Mr McDougall had spent thousands of pounds flying back from Australia three times to clear his name.

Consensual sex claim

Judge Lord Armstrong told the men: "The jury have acquitted you. You are now free to leave the dock."

In evidence both men denied rape and said the woman had agreed to have sex with them.

Mr Robertson said he had filmed the woman and Mr McDougall having sex on his mobile phone.

They said if she had been crying or distressed or had said no they would have stopped, and claimed in evidence that she had been laughing and enjoying herself.

Image caption The woman told the court it was not her in the video clip

The jury was shown the video clip taken from Mr Robertson's phone which showed a man and a woman laughing and having sex.

Mr McDougall, was asked if he had raped the woman and said: "No. It is horrible to have somebody saying something like that about you."

When it was suggested that everything that was done that night was against the woman's will he said: "That's absolute nonsense."

He added: "She never said anything, she was fine with it. She seemed like she was enjoying herself."

Defence counsel Louise Arrol, representing Mr McDougall asked: "If she was crying or saying no what would you have done," and McDougall replied: "I would have stopped."

Defence counsel Tony Graham, representing Mr Robertson, suggested that the jurors might find two men having consensual sex with a woman in a country road "distasteful".

Mr Robertson replied: "When it was happening at the time there wasn't much thought put into it. That was what she wanted and that's what happened."

'Falsely accused'

Mr Robertson said it was the woman who had suggested that they have a threesome adding: "She wanted to have sex with me and Gary."

He added: "It isn't nice at all to be falsely accused."

Both men said the man in the film was Mr McDougall and the woman was the complainer.

When she gave evidence she denied it was her in the video clip.

The 25-year-old woman said she willingly got into a VW Lupo with the two men and thought they were taking her home, but instead was driven to a deserted country road.

The woman added: "I didn't know what was going on and said I wanted to go back to the party.

"Gary grabbed me. I was put against the front of the car and he started taking my clothes off. I was crying."

The woman told the jurors that she was raped by Mr McDougall while Mr Robertson filmed it on a phone and then she was raped by Mr Robertson.

She added: "They were laughing and joking and saying: 'You have to do it."

The alleged rape was reported to the police in 2006, but was not reported to the procurator fiscal until two years ago.

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