Man who raped woman as she slept beside boyfriend and newborn baby fails in conviction appeal

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.