London Daily

Focus on the big picture.
Friday, Jun 05, 2026

Court rules woman was raped, in landmark Scottish civil case

Court rules woman was raped, in landmark Scottish civil case

Woman says she has closure as court awards her damages, after jury found criminal charges not proven
A Scottish court has ruled that a soldier raped a woman he met in a Dundee nightclub, after she sued him in a landmark civil action which she says proves that “justice will always be done, no matter how long and bitter the journey”.

In what is only the second ruling of its kind in recent Scottish legal history, a sheriff in Edinburgh found on Thursday that Sean Diamond, 28, a serving soldier in the British army, raped the woman after she fell asleep fully clothed on a friend’s sofa on 14 July 2015. She was awarded damages of £119,250.

Diamond, who was stationed at Leuchars at the time, was prosecuted for rape in October 2017 but a high court jury found the charges against him not proven, a controversial Scottish verdict which acquits an accused person but stops short of finding them not guilty.

Speaking to the Guardian as the judgment was made public, Ms AB said: “The last six and a half years have been so emotionally wrenching and it felt like it was never going to end. The fact that I can now read a judgment saying ‘Yes, he raped you’, in black and white and from the facts, is a closure that I never thought I would ever feel.”

In his judgment, Sheriff KJ Campbell QC praised the “quality and consistency” of Ms AB’s testimony, adding that “the consistent evidence” of her distress immediately after the attack was “difficult to reconcile with the defender’s account of consensual sexual activity”.

He said he was satisfied on the balance of probabilities – a lower standard of proof than required at a criminal court – that the defender raped the pursuer.

Ms AB was on a night out with a female friend when she met Diamond. The pair danced together and kissed before returning to the friend’s flat, along with Diamond’s male friend, between 2.30am and 3am.

The judgment found that their friends went to bed together, leaving Ms AB and Diamond in the sitting room. She fell asleep on the sofa but woke around half an hour later, on her front, being raped by Diamond. She was prevented from getting up and although she told Diamond to stop and get off her, he did not. Ms AB then lost consciousness and when she regained it, shortly after, had pain in her vagina and anus.

In a state of extreme distress, Ms AB woke up her friend, who told the men to leave and immediately called the police.

Her experience of the criminal trial was devastating: “The way you’re treated is literally like you’ve committed a crime.” She said she was “infuriated” by the not proven verdict and that “the jury were told to think about the impact their verdict would have on his military career”.

Then a family friend suggested the civil alternative. At the outset of those proceedings, in 2018, a finding was made for Ms AB because Diamond did not defend the action, but he subsequently applied to have the decree recalled, claiming he had not understood the consequences of not responding. After a number of delays, some relating to the pandemic, the hearing finally took place last September.

During the civil case, Ms AB – who attempted suicide a year after the assault and has since been diagnosed with post-traumatic stress disorder – moved to Morocco, where she now works and where she met her husband, who she describes as her “guardian angel”.

Sexual violence campaigners say they believe the availability of not proven verdicts – which leaves the accused innocent in the eyes of the law – have a disproportionate impact on rape and sexual assault cases, leading to markedly lower conviction rates. Last month the Scottish government opened a consultation on the verdict with a view to reforming it.

In October 2018, a former St Andrews University student, Miss M, successfully sued her attacker, Stephen Coxen. The court found he had raped her while she was too drunk to consent, after they met at a nightclub during freshers’ week in 2013. Coxen was previously prosecuted for rape but the verdict was not proven.

Ms AB said: “No amount of money would remove the memory and the trauma that I’ve lived with over the last six and a half years.

“Money will never replace that feeling of if he had been found guilty in the criminal trial.”

She said she would like to see reform of the justice system, not just in Scotland but across the UK, whether that is the not proven verdict, the treatment of women giving evidence, or “pathetic” sentences.

Her message to other women struggling with the justice system was simple: “Never give up. Don’t be silent, because your voice is the most powerful thing you have.”

Diamond has been approached for comment. An army spokesperson said they were aware of the judgment and that “soldiers and officers at all levels of the British army are held to the highest standards. If individuals fail to meet these standards then appropriate action is taken.”

Paying tribute to the “courage and perseverance” of Ms AB, the chief executive of Rape Crisis Scotland, Sandy Brindley, said: “This civil case – and the many criminal cases that have come before – highlight just how urgent action is to reform the justice system. We have to address the issues that make the process so unbearable for those who report sexual crimes and ensure that the system is robust.”
Newsletter

Related Articles

0:00
0:00
Close
Japanese Technology Firm Fujitsu Launches Advanced Artificial Intelligence Tool for Corporate Disclosures
South Africa Officially Launches Nationwide Campaign for Highly Contested Local Government Elections
United Kingdom Commits Additional Funding for Unexploded Ordnance Clearance in Laos
Singapore Announces Stringent New Greenhouse Gas Regulations for Commercial Cooling Systems
Cambodia and Thailand Hold High-Level Border Security Talks at United Nations Headquarters
Myanmar Military Government and China Sign Major Agreement to Upgrade Media and Cultural Cooperation
Knife Attack at Swiss Train Station Leaves Three Injured in Suspected Act of Domestic Terrorism
Transnational Extortion Gang Threatens Canadian Police With Army of One Thousand Armed Operatives
Australia Imposes Forty-Two-Day Quarantine on Cruise Ship Passengers Following Deadly Hantavirus Outbreak
International Monetary Fund Unlocks Seven Hundred Million United States Dollars for Sri Lanka Following Economic Reforms
Australia Launches Record One Point Four Billion Dollar Lawsuit Against Chemical Giant 3M Over Contamination
China and Canada Foreign Ministers Meet in Ottawa in Effort to Stabilize Strained Diplomatic Ties
Indonesia Demands Urgent United Nations Security Council Reform Amid Escalating Global Conflicts
Extreme Weather Patterns Trigger Severe Drought in Madagascar and Destructive Flooding in East Africa
Indian State of Karnataka Faces Political Upheaval as Chief Minister Siddaramaiah Abruptly Resigns
Philippines and Japan Reaffirm Defense Ties as Crucial for Indo-Pacific Regional Stability
Norway Joins French Nuclear Deterrence Initiative in Major Shift for European Security Architecture
Global Critical Mineral Alliances Expand as Western Nations Move to Counter Chinese Supply Dominance
United States Imposes Fifty Percent Tariffs on Mexican Steel and Aluminum Ahead of Trade Pact Review
European Union and China Head Toward Major Trade Conflict Over Clean Technology Exports
United States Economic Growth Severely Downgraded to One Point Six Percent as Stagflation Fears Mount
World Health Organization Warns Central African Ebola Epidemic is Outpacing Containment Efforts
United States Treasury Department Conditions Sanctions Relief on Reopening of the Strait of Hormuz
Iranian Air Defenses Intercept and Destroy United States Military Drone Over Bushehr Province
Iranian Armed Forces Launch Ballistic Missiles Toward Unspecified Targets Prompting Regional Condemnation
United Nations Secretary-General Warns Global Order Facing Highest Level of Conflict Since 1945
Israel Issues Sweeping Evacuation Orders in Southern Lebanon Amid Intensified Hezbollah Conflict
Russia Announces Systemic Military Strikes Targeting Ukrainian Defense and Energy Infrastructure
United States and Iranian Negotiators Reach Draft Agreement to Extend Ceasefire and Resume Nuclear Talks
United Nations Security Council Deeply Divided Over United States Capture of Venezuelan President
US and Iran Exchange Direct Military Strikes Amid Fragile Gulf Ceasefire
World Health Organization Warns of Catastrophic Ebola Outbreak in DR Congo
Russia Threatens New Wave of Strikes on Ukrainian Infrastructure and Embassies
Scientists Warn Atlantic Ocean Currents Could Collapse Faster Than Projected
Anthropic Reaches $900 Billion Valuation in Historic AI Funding Round
Washington Imposes Crippling Sanctions on Iranian Maritime Authority
Japan and the Philippines Initiate Strategic Intelligence-Sharing Pact
Microsoft Deploys Autonomous Computer-Using AI Agents to Global Markets
Anthropic Secures $45 Billion Compute Infrastructure Agreement With SpaceX
U.S. Director of National Intelligence Resigns Amid Administration Shakeup
Micron Technology Crosses Trillion-Dollar Valuation Amid Unprecedented Hardware Demand
Canada and Germany Finalize Historic Long-Term LNG Export Agreement
China Expands International Travel Restrictions on Domestic AI Researchers
Japan Approves Sweeping Overhaul of National Intelligence Apparatus
Global Airlines Scramble Logistics as Middle East Airspace Remains Fractured
Japan's Naphtha Imports Plunge 47 Percent Amid Strait of Hormuz Closure
Global Crude Prices Retreat Below $96 as Gulf Tensions Momentarily Ease
Generative AI Outperforms Human Baselines in Landmark Global Creativity Study
NASA Partners With Private Aerospace to Unveil Permanent Lunar Base Architecture
South Korean Equity Markets Surge on Next-Generation Memory Chip Frenzy
×