A man who raped a woman as she slept in bed beside her boyfriend and her newborn baby has been jailed for eight years.
Shaun O’Donnell (34) was found guilty by a jury of one count of rape and one count of sexual assault at a home in Donegal on March 26th 2021 following a Central Criminal Court trial.
At a previous hearing, a local detective garda told Mark Lynam SC, prosecuting, that O’Donnell 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.
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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, of Woodlands Way, Whinmore, Leeds, UK, has several previous convictions including for assault and dangerous driving. He works in construction in the UK.
The woman told the court she wanted O’Donnell named, but did not want her own name published.
Sentencing O’Donnell on Wednesday, Mr Justice David Keane 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.
He said this should have been a place of “ultimate comfort and security” for the woman, but became one of degradation. The judge also noted the “grave harm” caused to the victim as an aggravating factor.
He said O’Donnell’s offence was “opportunistic” and “committed on impulse”.
Setting a headline sentence of nine years on the rape count, the judge noted that O’Donnell has not accepted the verdicts nor expressed remorse.
The judge said the probation report said O’Donnell claimed to have no memory of his offending, but asserted that it was “not in his nature” to commit any such offence.
O’Donnell was assessed at being at low to moderate risk of reoffending.
Mr Justice Keane noted O’Donnell has previous convictions, but none for violent or sexual offending.
Having considered O’Donnell’s personal circumstances and the mitigating factors, Mr Justice Keane imposed a sentence of eight years on the rape count.
The judge did not suspend any part of the sentence, noting that O’Donnell declined to take part in victim-focused work and that there was “no realistic prospect” of encouraging rehabilitation.
Mr Justice Keane said the court had decided with some “unease” not to impose a period of post-release supervision as O’Donnell had indicated his intention to return to the UK upon his release from custody.
The judge also gave O’Donnell a concurrent sentence of two years and eight months in relation to the sexual assault charge. Mr Justice Keane backdated the sentences to when O’Donnell went into custody last February.
In a lengthy victim impact statement, which took about 20 minutes to read at a previous sentence hearing, 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 she had been enjoying becoming a mother for the first time and was “the happiest girl alive” with her partner, her new baby and their new home. She said she and her partner had dreams of the life they wanted and were both working incredibly hard to achieve this when her world was turned upside down by the attack.
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.
“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 how she couldn’t even bring her baby for walks for fear of seeing O’Donnell’s relatives.
She said she lost her confidence, her happy self and needed counselling. “It was a long time before I looked at my newborn baby and not feel guilt – guilt my baby wasn’t getting my 100 per cent attention.”
On Wednesday, Mr Justice Keane described the victim impact statement as “impressively written and deeply affecting” and said it reflected the “greatest credit” on the woman “as victim of crime and a human being”. He wished her well for the future.
Shane Costelloe SC, defending, said during an earlier hearing that his client was someone with a previously good character and a good work history. He handed in a number of testimonials. O’Donnell was supported in court by his long-term partner, with whom he has children.
* The national 24-hour rape crisis helpline is at 1800 77 8888
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