Rape survivor says 22-month wait on sentence appeal puts 'question mark' over justice
Ciara Mangan: 'I was left to choke on my own vomit that night and am lucky to still be alive.' File Picture: Michael Donnelly
A 30-year-old woman who was subjected to “a predatory, violent rape” by a young man at a party when she was just 18 has said that her “healing is going to begin now” after her attacker was refused an appeal against a seven-year sentence.
“Two years ago, I thought that I got my justice and the justice system put a question mark over that for the last 22 months. Today, I got justice,” said Ciara Mangan on the steps of the Criminal Courts of Justice on Monday, after the Court of Appeal ruled that the seven-year sentence was appropriate for Shane Noonan, aged 30, who raped Ms Mangan almost 12 years ago.
Noonan, of Castlehilll Park, Turlough Rd, Castlebar, Co Mayo, pleaded guilty to the rape of Ms Mangan at an address in Castlebar, Co Mayo, on May 11, 2013.
At his sentencing in July 2023, Ms Mangan — who waived her anonymity — gave evidence of how she felt unwell after being handed an open can of cider at the party. She said Noonan had made a “beeline” for her and guided her into an upstairs bathroom, where he raped her.
"My control was taken from me. I stood no chance,” she said.
She told the court how Noonan walked out and left her alone on the floor afterwards.
“The absolute disregard for my life is unforgivable,” she said, adding: “I was left to choke on my own vomit that night and am lucky to still be alive.”
Noonan and Ms Mangan were both aged 18 at the time and were co-workers at a fast food restaurant.
In the aftermath of the rape, Ms Mangan said she was subjected to “rape comments” and “rape songs” by colleagues in her then workplace when the owner was absent.
“I get very distressed and emotional thinking about this abuse on top of what had happened to me,” she said.
Noonan was sentenced by Ms Justice Eileen Creedon to eight years in prison, with the final 12 months suspended.
In appealing that sentence at the Court of Appeal on Monday, Damien Colgan, defending, said the headline sentence of 10 years which was set by Judge Creedon “was a bit too high”, considering the passage of time in respect of the offending and the fact that the appellant had no previous convictions.
Mr Colgan said there had been a suggestion of drugging in this case, but the victim clearly got the drink from another person, and there was nothing to suggest the appellant was in league with that.
Mr Colgan said the appellant had entered a guilty plea which, while offered late, meant the victim never had to give evidence to the court. He said that the appellant had been just over 18 at the time, adding this offending was completely out of character for him.
Mr Colgan suggested that the sentencing court “could have gone further” on the portion of the sentence that was suspended and allowed the appellant to continue with his life, going on to say that the appellant had been assessed at a low risk of reoffending.
On behalf of the DPP, Anne-Marie Lawlor said this had been “a predatory, violent rape of an 18-year-old who was oscillating between consciousness and unconsciousness”, going on to describe the effect of the rape as “devastating”.
She pointed out that the guilty plea had only been entered on the date of the trial, with the victim in the court building waiting to give her evidence when the plea was entered.
Saying that it was “difficult to think of a later plea”, Ms Lawlor pointed out that the sentencing judge had still reduced the 10-year headline sentence to eight years — which ultimately led to an incarceration of seven years — so there was “an undue level of weight” attached to the plea.
Ms Lawlor went on to say that the period of suspension was wholly and completely at the discretion of the sentencing court, with the suspension of one year reflecting all the mitigating factors, so there was no error in principle established.
She also said that the sentencing judge had taken into account the appellant’s age. She added that, had he not been 18 at the time of the rape, he could have received a higher sentence.
In delivering the court’s judgement, Mr Justice Michael McGrath said there was no contest that the sentence was appropriate in the circumstances due to the gravity of the offending and the harm done to the victim, who was forcibly raped and taken advantage of.
He said that Noonan’s culpability was high and the harm to the victim was great so, in those circumstances, the court dismissed the appeal.
Speaking outside the court after the judgement was delivered, Ms Mangan said that — as Noonan lodged his appeal 22 months ago — she was “not allowed to heal” as the psychological stress was in the back of her mind all the time.
"Where was the case manager here? Why did it take so long? 22 months for him to exert his control over me from behind bars, it’s just not good enough,” she said.
Ms Mangan said that she felt like “this justice process has ended now”.
“I thought it ended two years ago, but today it ended. I feel finally free; I feel like my healing is going to begin now. I deserve this today, and I shouldn’t be here right now,” she said.
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