London Daily

Focus on the big picture.
Tuesday, Feb 10, 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
UK Police Review Fresh Claims Involving Prince Andrew as Senior Royals Respond to Epstein Files
Keir Starmer’s Premiership Faces Unprecedented Strain as Epstein Fallout Deepens
Starmer Vows to Stay in Office as UK Government Faces Turmoil After Epstein Fallout
China and UK Signal Tentative Reset with Commitment to Steadier, Professionally Managed Relations
UK Confirms Imminent Increase in ETA Fee to £20 as Entry Rules Tighten
UK Signals Possible Seizure of Russia-Linked ‘Shadow Fleet’ Tanker in Escalation of Sanctions Enforcement
Epstein Scandal Piles Unprecedented Pressure on UK Prime Minister Keir Starmer’s Leadership
UK’s ‘Most Romantic Village’ Celebrates Valentine’s Day and Explores the Festival’s Rich History
The Implications of Expanding Voting Rights to Non-EU Foreign Residents in France
Ghislaine Maxwell to Testify Before US Congress on February 9
Al.com Acquired by Crypto.com Founder for $70 Million
Apple iPhone Lockdown Mode blocks FBI data access in journalist device seizure
Belgium: Man Charged with Rape After Faking Payment to Sex Worker
KPMG Urges Auditor to Relay AI Cost Savings
US and Iran to Begin Nuclear Talks in Oman
Winklevoss-Led Gemini to Slash a Quarter of Jobs and Exit European and Australian Markets
Canada Opens First Consulate in Greenland Amid Rising Geopolitical Tensions
China unveils plans for a 'Death Star' capable of launching missile strikes from space
NASA allows astronauts to take smartphones on upcoming missions to capture special moments.
Trump administration to launch TrumpRx.gov for direct drug purchases
Investigation Launched at Winter Olympics Over Ski Jumpers Injecting Hyaluronic Acid
U.S. State Department Issues Urgent Travel Warning for Citizens to Leave Iran Immediately
Wall Street Erases All Gains of 2026; Bitcoin Plummets 14% to $63,000
Epstein Case Documents Reignite Global Scrutiny of Political and Business Elites
Eighty-one-year-old man in the United States fatally shoots Uber driver after scam threat
UK Royal Family Faces Intensifying Strain as Epstein-Linked Revelations Rock the Institution
Political Censorship: French Prosecutors Raid Musk’s X Offices in Paris
AI Invented “Hot Springs” — Tourists Arrived and Were Shocked
Tech Mega-Donors Power Trump-Aligned Fundraising Surge to $429 Million Ahead of 2026 Midterms
UK Pharma Watchdog Rules Sanofi Breached Industry Code With RSV Vaccine Claims Against Pfizer
Melania Documentary Opens Modestly in UK with Mixed Global Box Office Performance
Starmer Arrives in Shanghai to Promote British Trade and Investment
Harry Styles, Anthony Joshua and Premier League Stars Among UK’s Top Taxpayers
New Epstein Files Include Images of Former Prince Andrew Kneeling Over Unidentified Woman
Starmer Urges Former Prince Andrew to Testify Before US Congress About Epstein Ties
Starmer Extends Invitation to Japan’s Prime Minister After Strategic Tokyo Talks
Skupski and Harrison Clinch Australian Open Men’s Doubles Title in Melbourne
DOJ Unveils Millions of Epstein Files, Fueling Global Scrutiny of Elite Networks
France Begins Phasing Out Zoom and Microsoft Teams to Advance Digital Sovereignty
China Lifts Sanctions on British MPs and Peers After Starmer Xi Talks in Beijing
Trump Nominates Kevin Warsh as Fed Chair to Reorient U.S. Monetary Policy Toward Pro-Growth Interest Rates
AstraZeneca Announces £11bn China Investment After Scaling Back UK Expansion Plans
Starmer and Xi Forge Warming UK-China Ties in Beijing Amid Strategic Reset
Tech Market Shifts and AI Investment Surge Drive Global Innovation and Layoffs
Markets Jolt as AI Spending, US Policy Shifts, and Global Security Moves Drive New Volatility
U.S. Signals Potential Decertification of Canadian Aircraft as Bilateral Tensions Escalate
Former South Korean First Lady Kim Keon Hee Sentenced to 20 Months for Bribery
Tesla Ends Model S and X Production and Sends $2 Billion to xAI as 2025 Revenue Declines
China Executes 11 Members of the Ming Clan in Cross-Border Scam Case Linked to Myanmar’s Lawkai
Trump Administration Officials Held Talks With Group Advocating Alberta’s Independence
×