A WOMAN has won £80,000 in damages from a Bury man who was cleared of raping her after a night out in Scotland.

The woman, who cannot be named for legal reasons, sued 23-year-old Stephen Coxen, accusing him of raping her in St Andrews, Fife.

Coxen denied the charges and a jury found the case not proven in a criminal trial in November 2015.

But, in what is understood to be a landmark civil case raised at Edinburgh Personal Injury Court, Sheriff Robert Weir QC ruled it was rape and ordered damages paid.

Sheriff Weir said evidence from the woman, now aged 23, was "cogent, compelling and persuasive", and ruled that she had been drunk, "resulting in a lack of capacity to make free agreement."

He added: "I therefore determine that at some time between 2am and 2.30am on Saturday September 14 2013, at [the address], the defender took advantage of the pursuer when she was incapable of giving meaningful consent because of the effects of alcohol, that he continued to do so even after she manifested distress and a measure of physical resistance, and that he raped her."

In June Edinburgh Personal Injury Court heard that the woman had been out drinking in St Andrews during Freshers Week in 2013.

However she could not recall parts of the evening.

The woman described going to a flat party, drinking four ciders, a bottle of "pink wine", a bottle of champagne, and vodka mixed with champagne.

She then went to the Lizard Lounge nightclub, but could not remember much beyond having a cigarette.

She next remembered being at her front door with a man she did not recognise

After struggling to open the door and dropping her keys, the man took them and let them in.

The court heard she "came round" lying naked in bed with a stranger on top of her having sex.

She then said she became upset, and started to cry and panic, and described feeling sick and like she could not breathe properly.

The court heard she was forced to perform another sex act by the man before he left the property.

In his written ruling Sheriff Weir described the woman as a "credible and reliable witness", who gave her evidence convincingly.

He added: "At times in her evidence the pursuer became emotional. I found it impossible to conclude that this manifestation of emotion was anything other than a genuine response to the recounting of traumatic events from her recent past, and in particular the night of 13/14 September 2013.

"Her distress was evident and, so far as these things can be judged, seemed to me to be entirely genuine."

However the Sheriff said he had "reservations" about Coxen's evidence, owing to a "paucity of detail".

Following the ruling the woman's representative, Simon Di Rollo QC, said: "The pursuer is an extremely courageous woman.

"It is understandable that she found it impossible to come to terms with the verdict of the jury in the criminal proceedings. Although the findings by the sheriff in these civil proceedings are of assistance, there can be no doubt that her experience of the criminal justice system was unsatisfactory.

"Unfortunately, that is not as unusual as it should be. I think that everyone must strive to ensure that, so far as is possible, others in the future do not feel as let down as she did."