Defence Forces member jailed for rape of fellow soldier

This article contains references to rape. Reader discretion is advised.

By Sonya McLean

A member of the Irish Defence Forces who “spurned the consensual offer that was made to him in a selfish, arrogant and forceful way” has been jailed for eight and half years for the rape of a fellow soldier at a Dublin hotel three years ago.

Kielan Mooney (30) of Bloomfield Park, Derry, was convicted following a trial at the Central Criminal Court last December on a count of anal rape, oral rape and rape of the woman at the Dublin hotel on July 26, 2021.

He had pleaded not guilty to a total of six charges – two charges of rape, two charges of oral rape, a charge of anal rape and a charge of sexual assault. The jury failed to reach a verdict on the three remaining charges.

The now 24-year-old woman, who is also a serving soldier of the Irish Defence Forces, has indicated that while she is content for Mooney to be named in the reporting of the case, she does not wish to be identified.

Sentencing Mooney, Mr Justice Tony Hunt said Mooney “spurned the consensual offer that was made to him in a selfish, arrogant and forceful way and had no respect for the limits she [the woman] wanted to place on sexual activity”.

“He simply took what he wanted from the encounter and had no respect for her wishes,” the judge said.

The judge said the woman had “always been very frank” that the background to the rape was clearly consensual.

“It was her prerogative and privilege to make a decision as to who and when she would have sexual activity and who, when and the level of that activity,” Justice Hunt continued.

At a previous sentence hearing last December, a number of affidavits were presented to the court which described Mooney, a father of five, as “very family orientated”, “ a dedicated father” “someone who works exceptionally hard to make sure his children know they are loved” and also as a man who “idolises his children”.

Gráinne O’Neill BL prosecuting told Justice Hunt, that following newspapers reports of that hearing, two women contacted the Director of Public Prosecutions to rebut that evidence.

The women, who each have two children with Mooney, said that Mooney has not seen his children, that he does not pay maintenance and that it is “always hard work” with him as he never really wants to see them.

One of the women said Mooney always put his social life and lifestyle ahead of her children with him. She said “He is not a good person, not a good role model” and she would never let Mooney near her children.

Mr Justice Hunt said it was clear from these statements from these two women that Mooney has had “no meaningful or positive contact with these children over a long period of time”.

He described those earlier testimonials in relation to Mooney being a good father as “a false prospectus” and a “gross overstatement” that his children will miss him if remanded in custody.

Mr Justice Hunt also noted that Mooney applied for bail on conviction by the jury, and while bail was refused and Mooney was remanded in custody pending sentence, one of the reason he was looking for bail was to give him the opportunity to say goodbye to his children.

“I believe I have been significantly misled as to the material that was put forward and also the basis of a bail application pending conviction at trial. I don’t take it lightly, someone trying to pull the wool over my eyes,” Mr Justice Hunt said.

In sentencing Mooney, Mr Justice Hunt said there was “no recognition of the verdict of the jury” and Mooney does not appear to show any remorse for the significant harm he caused.

He referred to suggestions during the trial that the woman had made the allegations on the basis of “some disappointment on her behalf with how things went”.

“I don’t buy that for one moment and the jury clearly don’t either. She is clearly a robust person who would take such disappointments in a normal way without making false allegations,” the judge continued.

He said it was “very clear” that something had happened that was “radically wrong” and “radically different” from what the woman had consented to.

Justice Hunt set a headline sentence of nine and half years which he applied as “a global sentence” for the offences Mooney had been convicted of by the jury.

He acknowledged that Mooney had made a positive contribution in terms of joining the army and was prepared to serve in that way and in a disciplined way of life that military service requires.

“But I have to bear in mind that his behaviour (during the rape) was ill disciplined.”

Mr Justice Hunt said it was “apparent” from the woman’s demeanour both during the trial and in giving her victim impact statement that the rapes had impacted her life and career.

“I wish her well and hope she is able to put this behind her and get on with her life in a positive way. I have no doubt that she is strong enough to do that,” Mr Justice Hunt said.

Mr Justice Hunt said he had intended to reduce the headline sentence by two years but he would not do that now giving the evidence he received in relation to Mooney’s “mitigating factor that was falsely put forward”.

“No court should be put in a position of being faced with a false prospectus,” the judge said before he added that this was “warning to anyone who is considering overselling themselves in terms of mitigation”.

He imposed a jail term of eight and half years. He also imposed a two year post-release supervision order and said that Mooney must engage with the Probation Service for two years upon his ultimate release from prison. The jail term was backdated to when Mooney first went into custody last December.

Garda Riche Moyston told Patrick Gageby SC, prosecuting, that the woman was out socialising with other army members that night when they met a group of soldiers from Mooney’s barracks in Donegal.

She and Mooney got speaking and they decided to go back to the woman’s friend’s hotel room in the city centre.

The woman told the trial that Mooney anally raped her in her friend’s hotel room. She said she had asked him to stop but he did not.

Afterwards she went to the bathroom and was crying. She managed to text her friend. Mooney came into the room and asked her what was wrong before he took her by the hand and brought her back into the bedroom.

Mooney then forced the woman to perform oral sex on him before he pushed her onto the bed and raped her.

The woman was very distressed. She managed to get back into the bathroom and phoned her friend who told her that she and two other male friends were nearly at the hotel.

Gda Moyston said when the woman’s friends arrived Mooney was dressed. The woman was hysterical and crying. The two men forced Mooney out of the room and the gardaí were called.

Mooney was arrested by arrangement the following month. He claimed there had been no anal sex and said whatever other sexual activity had occurred was consensual.

The woman read her victim impact statement into the record. She said that night changed her life and she would not wish what happened to her on anyone.

She said her life had only got going at that point. “I was getting the chance to live the life of a 21-year-old, just having a good time,” she said.

She said she caused “shock and heartbreak” within her family when she disclosed the rape.

The woman said she never expected a man to take away something from her in such a selfish way and described how she struggled with her mental health in the aftermath of the rape.

“I did not want to go through with life anymore,” the woman continued before she added that it impacted on her work as she could not perform her duties. She had been nominated for a course which would have meant a promotion in work but she was unable to participate.

She said “the actions of another person” were continually impacting on her life as she also lost all interest in the hobbies she used to enjoy.

The woman said that through counselling and therapy she has been “allowed to live my life again”.

She spoke of how traumatic she found the trial, seeing Mooney around the courthouse and waiting on the jury’s verdict.

“I never believed that something over one night could shatter everything I thought and believed in – myself and my future. The hurt does not just disappear,” the woman said.

She said the support she has received from many people have “helped remind me that I am worth more than someone else’s despicable actions”.

She specifically thanked the gardaí and the various supports services in the army. She said her appreciation for those that helped her in the army “needs to be recorded”.

The woman also thanked the Rape Crisis Centre, “who reassured me of my safety” and expressed her thanks to her family and friends.

Mr Justice Hunt thanked the woman for taking the time to read her victim impact statement. He said he hoped that the vindication she got from the jury would help her going forward.

“You owe it to yourself to think of yourself now going forward,” he said.

Gda Moyston agreed with Dominic McGinn SC, defending, that Mooney was fully co-operative with gardaí and answered all their questions.

He agreed that it was his understanding that Mooney’s career with the army is now “effectively over”.

Mr McGinn asked the court to accept that his client did not set out that evening to commit a rape and submitted that there was “consent to some activity” between Mooney and the woman.

“Every rape is serious and every rape demands punishment,” Mr McGinn said.

Counsel said it was “a complicated case for the jury” because at the outset the woman was consenting to some level of activity.

He acknowledged that a person has a right at any stage to say that I do not consent to this and his client “blatantly ignored that”, counsel said.

“He is criminally liable for what he did and what he did would be viewed as entirely reprehensible by society,” Mr McGinn continued.

“His conduct resulted in injury, trauma and a lifelong impact on her and he deserves to be punished for that,” counsel continued before he asked the court to accept that it is clear that Mooney “is not a bad person”.

Mr Justice Hunt said young men put themselves in the unfortunate position Mooney has put himself in but added there is nobody responsible for it but Mooney himself.

“He has basically no previous convictions. He has served in the defence forces, I am prepared to accept that there is positive aspects to his good character that once was and is now gone.”

Mr McGinn said there were seven affidavits before the court sworn in by a wide variety of people from the community and his family, outlining that he is an upstanding member of society and that his actions that night were completely out of character.

Counsel said his client is a father of five children, ranging in age from three to 12 years old.

He asked the court to accept that this offence would not have happened if Mooney had not been intoxicated and suggested that “alcohol seems to be a catalyst”.

Mr Justice Hunt said it was his understanding from the evidence at the trial that “all of these people went out at the same time and had roughly the same amount to drink – why is he (Mooney) so different?”

Mr McGinn asked the court to accept that his client has lost his good character, his career is at an end and that his children will be without their father for some time.