State v. Moriarty

SABERS, Justice.

Defendant, John Francis Moriarty (Moriarty) appeals his conviction of rape in the second degree.

FACTS

On an evening in early May, 1991, S.M.’s mother left for work leaving S.M., a girl age eight, and her two siblings under the care of S.M.’s stepfather, Moriarty. The mother had left Moriarty with instructions to wash S.M.’s hair that evening. According to S.M., when Moriarty took a bath that night, he asked S.M. to get into the bathtub with him. S.M. was required to wash Moriarty’s chest, stomach, and erect penis. Moriarty rubbed S.M.’s vaginal area. The following day, S.M.…