London Daily

Focus on the big picture.
Saturday, Oct 24, 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
Tour de France Organizers Confirm Historic Grand Depart Featuring Edinburgh and Yorkshire Stages
National Cyber Security Centre Issues Urgent Alerts Following Global Security Vulnerability in Core Programming Software
Independent Energy Analysts Warn Great Britain Faces Highest Winter Power Tariffs in Europe
Major British Defense Contractors Commit to Delivering Forty Thousand New Apprenticeships and Training Placements
New Bradford Railway Station Infrastructure Project Approved to Transform Regional Transit Connectivity Across Northern England
Welsh Infrastructure Stakeholders Press Government for Accelerated Local Sourcing in Military and Uniform Manufacturing
Scottish Council Governance Crisis Triggers High-Court Legal Challenge Over Leadership Ouster Bid
High Street Bakery Chain Greggs Announces Major Factory Closures and Seven Hundred Job Cuts
Automotive Manufacturer Jaguar Land Rover Advances Advanced Defense Technology Partnership with European Allies
Treasury and Bank of England Officials Signal Persistent Concern Over Inflation-Driven Interest Rate Path
International Monetary Fund Upgrades United Kingdom Growth Forecast While Issuing Inflation Warnings
National Health Service Leaders Warn of Severe Capacity Pressures as Early Winter Respiratory Infections Surge
Government Issues Emergency Resilience Guidance Advising All British Citizens to Stockpile Essential Supplies
United Kingdom Private Sector Growth Beats Expectations in October Driven by Resilient Services and Manufacturing
Barclays to Cut Five Thousand Jobs in Major Artificial Intelligence Adoption and Cost-Cutting Overhaul
Piper Tomahawk Aircraft Crash Near Drymen in Stirling Claims Two Lives as Investigators Deploy
North Sea Transition Authority Approves Jackdaw Gas Field Production After Ministerial Authorization
Government Injects One Hundred and Forty Million Pounds to Expand Urgent Care Ahead of Winter Crisis
Department of Health Warns Further Pay Rises Will Derail National Health Service Waiting List Targets
Major Environmental Emergency Declared in South Wales Following Aerospace Kerosene Spill
Tank Barrel Production Returns to Britain as Defence Contractors Accelerate Domestic Rearmament
Government Approves Controversial Jackdaw Gasfield Development in the North Sea
National Health Service Maternity Safety Review Condemned Over Flawed Artificial Intelligence Integration
Dozens of United Kingdom Government Services Taken Offline Amid Critical Software Vulnerability
Barclays Announces Five Thousand Job Cuts Citing Artificial Intelligence Productivity Gains
Treasury Relaxes Post-Financial Crisis Accountability Rules for City of London Executives
United Kingdom Government Issues Unprecedented Guidance Urging Citizens to Stockpile Essential Supplies
United Kingdom Consumer Inflation Accelerates to Eleven-Month High Driven by Transport Costs
United Kingdom Public Sector Net Debt Breaches Three Trillion Pounds Ahead of Autumn Budget
Department for Science, Innovation and Technology Commits Fifty Million Pounds to Establish Regional Artificial Intelligence Innovation Clusters
Ofgem Directs Major Energy Suppliers to Expand Vulnerable Household Support Funds Ahead of Winter Heating Season
Home Office and National Police Chiefs Council Unveil New Intelligence-Led Strategy to Tackle Organised Immigration Crime Networks
First Minister John Swinney Secures Scottish Parliament Approval for Comprehensive Climate and Green Energy Infrastructure Strategy
National Health Service England and Trades Union Congress Finalize Agreement on Emergency Winter Staffing and Pay Frameworks
HM Treasury and Department for Business and Trade Announce Multi-Billion-Pound Sovereign Investment Pact to Spur Regional Advanced Manufacturing
Bank of England Governor Andrew Bailey Signals Potential for Faster Interest Rate Cuts as Domestic Inflation Pressures Ease Below Forecasts
Parliamentary Inquiry Highlights Urgent Need to Address Housing Shortage as Scottish Completions Hit Eleven-Year Low
United Kingdom and Singapore Sign Comprehensive Financial Agreement to Deepen Digital and Sustainable Market Ties
Greggs Announces Plan to Close Four Manufacturing Facilities and Cut Seven Hundred and Forty Jobs
International Monetary Fund Raises United Kingdom Economic Growth Forecast While Warning of Inflationary Pressures
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs Onto Gas to Lower Household Bills
Housebuilding Across Scotland Plummets to Eleven-Year Low Despite Government Pledges to Tackle National Housing Emergency
Greggs Announces Factory Closures Across Northern England and Scotland Affecting Seven Hundred Forty Jobs
United Kingdom and Singapore Conclude Eleventh Financial Dialogue in Singapore to Deepen Cooperation on Digital Finance and Capital Markets
Energy Security and Net Zero Committee Urges Government to Shift Policy Costs to Gas Bills and Tap Windfall Profits to Lower Consumer Prices
British Broadcasting Corporation Announces Major Cost-Cutting Overhaul to Close Linear Broadcast Services for Television Channels BBC Three and BBC Scotland Alongside Digital Radio Station BBC Radio Four Extra
London Capital Markets Face Renewed Scrutiny After High-Profile Offerings Underperform Post-Listing
Green Party Wins Historic First Westminster Parliamentary By-Election in Gorton and Denton
Environment Secretary Emma Reynolds Unveils Sweeping Regulatory Overhaul for English Water Industry
United Kingdom Health Security Agency Confirms Thirty-Four Cases in Kent Meningitis Outbreak
×