Ireland Appeals rejected in Donegal rape convictions
Boakye Osei, 32, and Kelvin Opoku, 35, both originally from Ghana, were convicted of raping a woman in her 20s in February 2015 in Co Donegal after she was heavily intoxicated. The two men had offered to give her a lift home from a nightclub and took her to Opoku's flat, where the complainant said she was a 10 out of 10 in terms of drunkenness and about to pass out. Both pleaded not guilty at the Central Criminal Court, were found guilty by the jury, and were each sentenced to nine years' imprisonment in March 2020. The Court of Appeal rejected both men's appeals in March 2022, finding the trial was not unfair and the verdicts were safe.
- Reportednot reported
- Arrestednot reported
- Chargednot reported
- In court25 Nov
- Convicted14 Mar
2 reports - Sentenced
Key facts
consolidated from all reports- What happened
- Two men raped a woman in her 20s in February 2015 after she was heavily intoxicated.
- The complainant said she was a 10 out of 10 in terms of drunkenness and about to pass out.
- A video showed the woman staggering around the apartment and falling on the bathroom floor before the two men lifted her up.
- The two men took her into the bedroom where Opoku and then Osei raped her.
- Boakye Osei, 32, formerly of Tooban, Burnfoot, Co Donegal, and Kelvin Opoku, 35, formerly of Glendale Manor, Letterkenny, Co Donegal, are both originally from Ghana.
- Where
- The incident took place at Kelvin Opoku's flat in Co Donegal.
- When
- February 2015.
- Charges
- Both men pleaded not guilty at the Central Criminal Court to the rape of the woman in February 2015.
- In court
- The jury found both men guilty.
- The Court of Appeal rejected both men's appeals in March 2022, finding the trial was not unfair and the verdicts were safe.
- Sentence
- Each man was sentenced to nine years' imprisonment by Mr Justice Alex Owens in March 2020.
- Other details
- The complainant was allowed to remain abroad during the trial and give her evidence via video-link.
28 statements extracted from the articles
- whatBoakye Osei, 32, is formerly of Tooban, Burnfoot, Co Donegal, and is now a prisoner at Midlands Prison. (irishtimes.com)
- whatKelvin Opoku, 35, is formerly of Glendale Manor, Letterkenny, Co Donegal, and is also a prisoner at Midlands Prison. (irishtimes.com)
- whatBoth men are originally from Ghana. (irishtimes.com, leinsterexpress.ie)
- whatNeither woman had ever met the men before agreeing to get into their car that night. (irishtimes.com)
- whatThe complainant told the trial she was a 10 on a scale of one to 10 in terms of drunkenness and about to pass out. (irishtimes.com)
- whatA video clip showed the woman staggering around the apartment and falling on the bathroom floor before the two men lifted her up. (irishtimes.com)
- whatThe two men took her into the bedroom where Opoku and then Osei raped her. (irishtimes.com)
- whatOpoku claimed the woman had not been too drunk to consent and said she had been an enthusiastic participant. (irishtimes.com)
- whatOsei denied having any sexual activity with the woman. (irishtimes.com, leinsterexpress.ie)
- whatBoth men pleaded not guilty at the Central Criminal Court (leinsterexpress.ie)
- whatThe complainant said she was a 10 out of 10 in terms of drunkenness and about to pass out (leinsterexpress.ie)
- whatA video showed the woman staggering around the apartment and falling on the bathroom floor before the two men held her up (leinsterexpress.ie)
- whatThey took her into the bedroom where Opoku and then Osei raped her (leinsterexpress.ie)
- whatOpoku claimed in interview that the woman was not too drunk to consent and was an enthusiastic participant (leinsterexpress.ie)
- whereBoakye Osei was formerly of Tooban, Burnfoot, Co Donegal. (irishtimes.com)
- whereKelvin Opoku was formerly of Glendale Manor, Letterkenny, Co Donegal. (irishtimes.com)
- courtBoth men pleaded not guilty at the Central Criminal Court to the rape of the woman in February 2015. (irishtimes.com)
- courtThe trial judge refused requests from the defence teams to discharge the jury. (irishtimes.com)
- courtThe judge allowed the complainant to remain abroad during the trial and give her evidence via video-link. (irishtimes.com)
- courtJudgment in the case has been reserved. (irishtimes.com)
- courtThey pleaded not guilty at the Central Criminal Court to the rape of the woman in February 2015. (irishtimes.com)
- courtBoth men had their appeals rejected by the Court of Appeal. (irishtimes.com)
- courtThe appellate court was not persuaded that the trial was unfair or that the verdicts were unsafe. (irishtimes.com)
- courtThe Court of Appeal rejected both men's appeals (leinsterexpress.ie)
- sentenceMr Justice Owens said neither man set out to rape the woman but they were fully aware of her incapacitation due to intoxication and were prepared to take advantage of it. (irishtimes.com)
- sentenceEach man was sentenced to nine years imprisonment in March 2020 (leinsterexpress.ie)
- otherThe complainant is in her 20s. (irishtimes.com, leinsterexpress.ie)
- otherThe trial judge accepted neither man set out to rape the woman but they were fully aware of her incapacitation due to intoxication (leinsterexpress.ie)
The reporting
newest first- 14 Mar2022Two Midlands Prison inmates jailed for raping “blind drunk” student learn outcome of appeal
The Court of Appeal rejected the joint appeal, upholding the convictions and nine-year sentences. The court found the trial judge's rulings on disclosure, video-link evidence, and questioning of witnesses regarding the complainant's intoxication were proper, and was 'not persuaded that the trial was unfair or that the verdicts were unsafe'.
victim, 20s, femaleconvicted, Boakye Osei, 32, male, named, non-irish (judged from name)Boakye Oseiconvicted, Kelvin Opoku, 35, male, named, non-irish (judged from name)Kelvin Opoku - 14 Mar2022Appeals against convictions for rape of woman who was drunk rejected
Court of Appeal rejects the joint appeal, upholding the convictions and nine-year sentences. The appeal argued the trial judge's questioning of witnesses about the complainant's intoxication, the use of video-link evidence, and incomplete disclosure of the complainant's mobile phone material rendered the trial unfair.
victim, femaleconvicted, Boakye Osei, 32, male, named, non-irish (judged from name)Boakye Oseiconvicted, Kelvin Opoku, 35, male, named, non-irish (judged from name)Kelvin Opoku - 25 Nov2021Rape trial jury should have been discharged after judge asked witness about alcohol, court told
Covers the Court of Appeal hearing where defence counsel argued the jury should have been discharged after the trial judge questioned a witness about the complainant's intoxication; also raised issues over phone disclosure and video-link evidence. Judgment reserved.
victim, femaleaccused, Boakye Osei, 32, male, named, non-irish (judged from name)Boakye Oseiaccused, Kelvin Opoku, 35, male, named, non-irish (judged from name)Kelvin Opoku