London Daily

Focus on the big picture.
Friday, Mar 06, 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
Starmer Defends UK Role in Iran Conflict After Renewed Criticism from President Trump
Blue Owl Reveals £36 Million Exposure After Collapse of UK Lender Serving Wealthy Clients
UK Asylum Reform Plan Triggers Fierce Debate Over Border Control and Humanitarian Impact
US Stealth Bombers Head to UK Base as Trump Issues Stark Warning to Iran
UK Deputy Prime Minister Says Legal Case Could Exist for British Strikes on Iranian Missile Sites
Investigators Link Mysterious Parcel Fires Across Europe to Russian Intelligence Operation
Debate Intensifies Over Britain’s Legal Justification for US Military Operations Launched From UK Bases
Britain Faces Heightened Energy Price Risks as Iran-Linked Tensions Threaten Global Oil and Gas Supplies
British Counter-Terror Police Arrest Four Suspected of Spying on Jewish Community for Iran
Axel Springer Agrees $770 Million Deal to Acquire Britain’s Daily Telegraph
Iceland Supermarket Drops Trademark Challenge Against Icelandic Government in Long-Running Naming Dispute
UK Defence Secretary Visits Cyprus Following Scrutiny of Britain’s Response to Drone Attacks
Questions Grow Over Britain’s Military Readiness as Response to Iran Conflict Draws Scrutiny
UK Offers Failed Asylum Seeker Families Up to Forty Thousand Pounds to Leave Voluntarily
Saharan Dust Could Bring ‘Blood Rain’ to Parts of the UK as Weather Systems Shift
UK Deploys Additional Typhoon Fighter Jets to Qatar and Helicopters to Cyprus Amid Rising Middle East Tensions
Experts Urge Britain to Accelerate Renewable Energy Push as Global Conflicts Drive Up Costs
British Public Shows Strong Reluctance to Join Wider War in Iran
First UK Evacuation Flight Departs Middle East After Lengthy Delay
United Kingdom Imposes New Visa Requirements on Travelers from St. Lucia and Nicaragua
Iran Conflict Strains U.S.–U.K. Alliance as Trump and Starmer Clash Over Military Strategy
UK Interest Rates Could Rise Above Four Percent Again if Energy Shock Continues, Think Tank Warns
Starmer Defends Britain’s Iran Strategy as Badenoch Urges Stronger Military Support
Labour MP Says She Saw No Sign Husband Broke Law After Arrest in China Espionage Investigation
UK Jobless Rate Overtakes Italy’s for First Time in Years as Labour Market Weakens
United Kingdom Suspends Student Visas for Four Countries in Unprecedented Immigration Move
Campaigners Warn UK Student Visa Ban Could Push Migrants Toward Dangerous Channel Crossings
First U.K. Charter Flight for Stranded Nationals Set to Depart Oman Amid Middle East Crisis
France and United Kingdom Deploy Warships to Eastern Mediterranean as Middle East Conflict Escalates
U.K. Arrests Three Men Including Lawmaker’s Partner in Suspected China Espionage Investigation
Trump Says UK–US ‘Special Relationship’ Is Diminished Amid Middle East Dispute
UK Economic Forecasts Face Fresh Strain from Middle East Conflict and Rising Energy Costs
UK Reaffirms Close US Ties After Trump’s Public Criticism
Reeves Stresses Stability and Fiscal Discipline in UK Budget Update as Growth Outlook Shifts
UK Deploys Royal Navy Destroyer HMS Dragon to Cyprus After Drone Strike on RAF Base
Green Party Surges Past Labour in New UK Poll as Traditional Party Support Crumbles
Majority of Britons Oppose U.S. Use of UK Military Bases in Iran Conflict
UK Intensifies Evacuation Efforts from Oman, Working with Airlines to Boost Flight Capacity
Trump Condemns UK and Spain in Unusually Sharp Rift Over Iran Military Action
Trump Repeats UK Claims That Diverge from Verified Facts Amid Diplomatic Strain
UK Arrests Prominent Figures Linked to Epstein Network as Questions Mount Over US Action
Trump Says UK ‘Took Far Too Long’ to Approve Use of Airbases for Iran Strikes
Scope of Britain’s Role in the Expanding Middle East Conflict Comes Under Scrutiny
Trump Says He Is ‘Very Disappointed’ in Starmer Over Iran Comments
U.S. Embassy in Riyadh Struck by Drones Amid Escalating Iran Conflict
Starmer Confronts Strategic Test After Drone Strike Near British Base in Cyprus
Rolls-Royce Chief Signals Openness to Germany Joining UK-Led Fighter Jet Programme
UK Stocks Slip as Escalating Iran Conflict Triggers Global Market Selloff
UK Overhauls Asylum System to Make Refugee Status Temporary
Starmer Warns of ‘Reckless’ Iranian Strikes Amid Escalating Regional Tensions
×