Courts / Donegal / Report
Man who raped woman as she slept beside boyfriend and newborn baby fails in conviction appeal
Summary
A man convicted of raping a woman as she slept beside her boyfriend and newborn baby in County Donegal has failed in his appeal against conviction at the Court of Appeal. Shaun O'Donnell, aged 35, was sentenced to eight years' imprisonment in August 2024 following his conviction on one count of rape and one count of sexual assault. The offence occurred on 26 March 2021 at a home in Donegal. O'Donnell's appeal argued that the trial should have been stayed because two items of the victim's clothing were unavailable for DNA testing. Ms Justice Nuala Butler rejected the appeal, finding that O'Donnell had introduced a new argument not raised at trial. She noted that DNA testing on available items had proved negative and that substantial evidence remained for the jury to consider, independent of forensic analysis. The judge stated the law does not impose an obligation on crime victims to preserve evidence. O'Donnell has not accepted the verdicts nor expressed remorse.
Who, what, where, when and why
What: Report matter: Man who raped woman as she slept beside boyfriend and newborn baby fails in conviction appeal. Procedural stage: sentence. Findings: Found guilty
When:
- March 26, 2021 Incident
- August 2024 Incident
- 2025-12-19 Publication
Why: 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. CNI source report
Case subjects
Convicted Person
Finding: Found guilty
Outcome: Found guilty; The defendant, who had denied the charge, was jailed for eight years by Mr Justice David Keane in August 2024. Imposing sentence, Mr Justice Keane noted that O'Donnell has not accepted the verdicts nor expressed remorse.
Places mentioned
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