Firm Editorial Board member and litigation specialist Cameron Fyfe is pursuing a rare civil action for damages on behalf of a client in connection with rape allegations, after the Crown dropped charges against one of those alleged to be at the centre of the events.

Charges were brought and subsequently dropped two weeks ago against a high profile footballer, who has since completed a high value transfer to another club.

He and another individual who was not subject to criminal charges have been named in the civil action.

"I'm aiming to build a case for damages against both players. We'll allege she was incapable of giving consent for sex either through the intake of drink or drugs and, in law, that is rape," Fyfe said.

"My client is hugely disappointed the case was not pursued through the criminal justice system. However, in a civil action, the purser has to prove their case on the balance of probabilities, rather than beyond reasonable doubt. I'll now approach the Crown Office and the police for access to all witness statements and evidence in this case.

"We'll also be considering extensive forensic tests on the alleged victim's clothing. I am applying for Legal Aid to pursue both players. If this is not available, we will try and obtain legal insurance cover to pay legal costs.

"An action such as this can cost in the region of £100,000."

The woman who is pursuing the action said she feels she has been let down by the criminal justice system.

"This is now the only way I can get my day in court and tell what happened that night. I've been left with no other option but to go through the civil courts," she said. 

"When I met with the Crown Office last week, I was told [the player] had now moved to [redacted], the public would soon forget about the case and that I should get on with my life.

"Another Crown Office official twice offered to fill out criminal injury compensation applications for me, which was strange given the decision they took not to proceed."

The Firm has contacted the Crown Office for their input to this story.