Foster father seeks to have rape conviction overturned

A Tipperary man has pursued an appeal to overturn his rape conviction, with the Court of Appeal ultimately rejecting his challenge to the guilty verdict while making a significant finding regarding his sentence. Richard Moloney, aged 42 and from Roscrea, was convicted in July 2019 of rape, oral rape, and sexual assault against his foster daughter, who was 16 years old at the time of the offences in July 2016. The crimes occurred at their family home. A jury acquitted him on a separate charge of anal rape. The trial judge imposed a 12-year custodial sentence in November 2019, coupled with a four-year post-release supervision order imposing conditions including distance from the victim and mandatory engagement in alcohol treatment. On appeal, Moloney's legal representatives contended that the trial judge's directions to the jury had presented an improperly restrictive framework, arguing the instructions amounted to an "either/or" proposition rather than permitting fuller deliberation of alternative explanations. The prosecution maintained that the jury had received proper guidance on the burden of proof and that the jury's selective rejection of the fourth charge demonstrated their capacity to assess evidence carefully. The three-judge appellate panel dismissed the conviction appeal, finding no legal error in the trial judge's conduct. However, the court identified a sentencing irregularity. It found that remarks made during sentencing appeared to reflect the judge's consideration of remission policy when setting the headline term, a departure from standard sentencing principle. The Court of Appeal quashed the original 12-year sentence and re-sentenced Moloney to ten-and-a-half years imprisonment. The conviction related to a serious breach of trust within a foster care setting. Moloney carried previous convictions for assault and public order matters and maintained his denial throughout proceedings.