Former St Andrews student seeks £100,000 in damages in landmark civil case against a 23-year-old man who was acquitted of raping her during freshers’ week
- Stephen Coxen was charged with raping a student during freshers' week in 2013
- 23-year-old denied charges and was cleared following a trial in November 2015
- Woman at the centre of the allegations suing Mr Coxen for £100,000 in damages
A man acquitted of rape is being sued by the woman who accused him in a landmark case being brought before the Scottish courts.
Stephen Coxen was charged with raping a student from The University of St Andrews during freshers' week in 2013, who alleged he assaulted her while drunk before stealing her phone.
The 23-year-old denied the charges and a jury found the case against him not proven following a trial at the High Court in November 2015.
Stephen Coxen, 23, was cleared of raping a student from The University of St Andrews - but now faces a civil case
David Goodwillie (left) and David Robertson (right), pictured at Edinburgh Court in November 2016, raped a woman when she was too drunk to consent, a judge said. They were ordered to pay compensation of £100,000
However the woman at the centre of the allegations, known as Miss M, is now suing Mr Coxen for some £100,000 in damages and financial losses.
A jury at Mr Coxen's trial in 2015 returned not proven verdict, which in Scottish law means there was not enough evidence to prove the case 'beyond reasonable doubt' - but meaning the defendant is innocent in the eyes of the law.
The jury dropped the phone theft charge.
However the woman is now seeking damages through the civil courts. Her case is being taken to court through the Scottish Women's Rights Centre and is being funded by the Scottish Legal Aid Board.
Miss M said she decided to mount the civil action in 2016. She claims Mr Coxen raped her following a house party, leaving her with a tongue injury which required surgery.
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Mr Coxen is being represented by lawyers Thorley Stephenson, who have been approached for comment.
According to Rape Crisis Scotland, the number of civil cases has increased following the successful prosecution of footballers David Goodwillie and David Robertson last year.
According to Rape Crisis Scotland, the number of civil cases has increased following the successful prosecution of footballers David Goodwillie (pictured) and David Robertson last year
Despite never facing a criminal trial, former Scotland footballer Goodwillie (left) and his former Dundee United teammate David Robertson (right) were found to have raped Denise Clair at a flat in Armadale, West Lothian, in 2011
Despite never facing a criminal trial, former Scotland footballer Goodwillie and his former Dundee United teammate David Robertson were found to have raped Denise Clair at a flat in Armadale, West Lothian, in 2011.
Ms Clair, who waived her right to anonymity, sued the duo after prosecutors decided not to pursue the case through the criminal courts.
In January 2017 during a civil action at the Court of Session in Edinburgh, a judge said the 30-year-old had been 'incapable' of giving consent, meaning the two men had raped her.
The judge Lord Armstrong ordered the pair to pay Ms Clair - who had initially sued the footballers for £500,000 - compensation of £100,000.
This month it was reported the pair missed a 28-day window to challenge the ruling that they assaulted Ms Clair at the Supreme Court, and officials confirmed Goodwillie’s legal aid to fight the case had been withdrawn.
Sandy Brindy from Rape Crisis Scotland told MailOnline: 'The majority of rapes reported to the police never reach court. Of those that do, the majority do not result in a conviction, with the not proven verdict being used far more often in rape cases than in other crimes.
'Many rape survivors tell us of feeling let down by the justice system, and we are seeing increasing numbers of women exploring the civil justice system as an option in their search for justice following rape.'
Human rights lawyers Just Right Scotland - who are representing Miss M - have been approached for comment.
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