Man jailed for rape of sleeping woman in Donegal fails to have conviction overturned

A man who was jailed for eight years for raping a woman as she slept in bed beside her boyfriend and her newborn baby has failed in a bid to have his conviction overturned.

Shaun O'Donnell (35) was found guilty by a jury of one count of rape and one count of sexual assault at a home in Donegal on March 26, 2021 following a Central Criminal Court trial. 

The defendant, who had denied the charge, was jailed for eight years by Mr Justice David Keane in August 2024.

O'Donnell's sentencing hearing was told that he had been staying over with the woman and her partner for drinks the night before.

The following morning, he climbed into bed where the couple was sleeping beside their newborn baby and raped the woman.

The woman initially thought it was her partner, before she turned around and realised it was O'Donnell. She fled the room and got into the shower, before she told her relatives and partner.

When confronted, O'Donnell said he did not remember anything happening. He denied the allegation when interviewed by gardaí.

O'Donnell, last of Woodlands Way, Whinmore, Leeds, UK, has several previous convictions including those for assault and dangerous driving. He had previously worked in construction in the UK.

O’Donnell appealed his conviction, arguing that the trial judge was wrong not to direct an acquittal or stay the proceedings because two items worn by the victim at the time of the offences were not available to be tested for DNA evidence.

The two items in question were the woman’s bra, which she washed after the offence and which was not exhibited in evidence, and a sanitary pad she was wearing for postpartum bleeding.

The latter was provided for DNA testing but during her cross-examination, the woman said she wasn’t sure if she had given the “right” sanitary pad – the one she was wearing during the offence – to the gardaí.

O’Donnell argued this had negated the possibility that he could have established that his DNA was not on the bra or the second sanitary pad, rendering his trial unfair.

Dismissing his appeal today, Ms Justice Nuala Butler said in reality, it was difficult to see what additional benefit O’Donnell might have expect to have gained from the analysis of these items.

She said the DNA testing was negative, as none of O’Donnell’s DNA was found on the items tested.

Ms Justice Butler said O’Donnell’s counsel in the trial relied on this fact in their closing speech.

“In our view, this appeal is an attempt to argue a new point which was not raised on behalf of the defence at trial, in circumstances where the jury did not accept the defence which was run at trial,” she said. “No explanation has been offered as to why the point which is now sought to be argued, was not argued at trial.”

She said that even in the absence of DNA evidence linking O’Donnell to the incident, there was “ample evidence” that a crime had been committed by him to allow the matter to go to the jury.

Ms Justice Butler said the law does not impose an obligation to preserve evidence on the victim of a crime.

“The non-availability of forensic evidence because the person in question has washed themselves, their clothing or their bedding may give rise to difficulties for the prosecution in proving the case, but the absence of such evidence does not automatically render a trial unfair,” she said.

Imposing sentence, Mr Justice Keane noted that O’Donnell has not accepted the verdicts nor expressed remorse.

He said O'Donnell's offending was a “fundamental, almost indescribable breach of trust” which took place in the victim's home, in the presence of her partner and young baby.

The judge said this should have been a place of “ultimate comfort and security” for the woman, but became one of degradation.

In her victim impact statement, the woman said it was incredibly difficult to put into words the “emotional, physical pain, hurt and trauma” she has endured since O'Donnell entered her home and raped her.

She said her body had not fully recovered from having her baby when O'Donnell raped her and she outlined the horror of discovering it was him in her bed before getting into the shower and "scrubbing herself raw".

“There is no easy way to tell your loved ones you were raped in between your boyfriend and newborn baby,” the woman told the court, adding it was the worst experience of her life.

She said the attack had caused widespread upset among her extended family and described how she couldn't even bring her baby for walks for fear of seeing O'Donnell's relatives.

The woman told the court she wanted O'Donnell named, but did not want her own name published.