Sean Diamond, 24, was cleared of rape at Edinburgh High Court in October after allegedly sexually assaulting a woman in a Dundee flat while she slept. He has been ordered to pay the alleged victim £100,000

A soldier cleared of rape has been ordered to pay his alleged victim £100,000 in damages following a landmark civil case.

Sean Diamond, 24, who was cleared of rape at Edinburgh High Court in October after allegedly sexually assaulting a woman in a Dundee flat while she slept.

The case against Diamond was found not proven under the Scottish legal system that offers jurors three possible verdicts in criminal cases - including guilty and not guilty.

But for the first time in almost a century, the alleged victim has been awarded damages when the civil claim she filed was not defended by Diamond.

Last night, the alleged victim said she felt the civil case had brought her justice.

She said: 'I feel I've finally got justice. The trial coming out with the verdict of not proven was one of the most heartbreaking things I've experienced.

The alleged victim filed the civil action but Diamond didn't defend it and a sheriff, without hearing any evidence, issued a decree for payment of £100,000 plus interest in July

The 24-year-old denies the attack on July 15, 2015, during which time he was a serving soldier based at Leuchars in Fife

Not proven: The third verdict open to juries in Scotland Scotland's legal system has three possible verdicts in criminal cases: 'guilty', 'not guilty' and 'not proven'. It is generally perceived to be used when a sheriff or jury is not convinced of the accused's innocence, but lacks sufficient evidence to convict 'beyond reasonable doubt'. Historically, the two verdicts available to Scots juries were that the case had been 'proven' or 'not proven'. However, in a 1728 murder trial, the jury asserted 'its ancient right' to declare a defendant 'not guilty'. Over time the 'not guilty' verdict became the more common among juries however the non proven option was never removed from law. In the eyes of the law, those handed ‘not proven’ verdicts are the same as those with ‘not guilty’ verdicts and are therefore acquitted. Advertisement

'I took the oath. I told the truth and I was belittled by his counsel but this result has been a massive relief. I feel like a huge weight has been lifted.'

Diamond stood trial in October continued the alleged rape after the alleged victim woke up and tried to resist him before falling unconscious in the struggle.

The 24-year-old denies the attack on July 15, 2015, during which time he was a serving soldier based at Leuchars in Fife.

When the civil case was launched in June this year, Diamond was serving with the Queen's Dragoon Guards based at Robertson Barracks, Dereham, in Norfolk.

She filed the civil action but Diamond didn't defend it and a sheriff, without hearing any evidence, issued a decree for payment of £100,000 plus interest in July.

The woman said: 'This was never about money. It was always about justice.'

She claimed to be so devastated following the ordeal that she was diagnosed with post traumatic stress disorder and tried to take her own life in March 2016.