Man (21) jailed for sexual assault and coercive control of his ex-girlfriend

Sonya McLean and Fiona Ferguson

A young man who threatened his then-teenage girlfriend, sexually assaulted and beat her on numerous occasions during their two-year relationship, has been jailed for two years.

Martin Tracey (21), of Pearse Street, Kilkenny, Co Kilkenny, pleaded guilty to charges including coercive control, assault causing harm, false imprisonment and sexual assault on dates between October 2020 and January 31st, 2022. He has no previous convictions.

His former partner, Donna Clifford (21), waived her anonymity after sentencing at the Central Criminal Court was complete to allow Tracey to be named.

Ms Justice Melanie Greally commended Ms Clifford on coming forward. She noted coercive control tends to be associated with more mature and longer relationships, but should not be tolerated even among young people.

The judge told Ms Clifford it took immense bravery to come forward and bring this behaviour to an end. She wished her the best in the future.

Garda Cian O’Connor told John Kelly SC, prosecuting, that Ms Clifford ed the gardaí in January 2022 and said she had been in a relationship with Tracey for two years during which she suffered physical and emotional abuse and a number of assaults.

Audio recordings of some of the messages the then teenage Tracey sent the woman were played to the court at an earlier hearing.

Judge Greally noted the violence of the language of the messages and she did not repeat their distressing content during sentencing. She said they were alarming and disturbing in the extreme.

The messages encouraged Ms Clifford to take steps to take her own life and threatened violence against her.

Judge Greally noted Tracey maintained he did not mean what he said but she also remarked there was nothing in the content of the messages heard by the court that would convey that the words were not seriously intended by him.

The garda confirmed that Ms Clifford was still in school when she started the relationship with Tracey.

He said in one incident she was attacked while they were out, with Tracey pinning her up against a wall and choking her. She was thrown to the ground during this attack.

The other assaults occurred in his family home and included him punching her to the stomach.

He also sexually assaulted her and falsely imprisoned her by refusing to allow her to leave his bedroom.

The garda said Tracey wanted to know where the woman was at all times and insisted that she always have her location turned on in Snapchat. She recorded the messages he sent because she was afraid he would cause her serious harm and she wanted to have a record of the threats.

A victim impact statement was read into the record by Garda O’Connor on behalf of Ms Clifford.

In the statement, Ms Clifford said she lost interest in school, hobbies and friends as a result of the abusive relationship she was in. She outlined the devastating effects on her mental health.

“Sometimes I can’t even bring myself to get out of bed or to eat,” she continued.

She said she has been left with severe anxiety and doesn’t feel safe. She said she doesn’t go out anywhere by herself. She said her life is very difficult and described experiencing flashbacks and panic attacks.

The woman said she doesn’t understand how someone who is supposed to have loved her could be capable of doing this.

“I don’t think I can fully explain the impact this has had on me,” she continued, before she thanked the gardaí for helping her feel comfortable and safe to talk about what had been going on when she had been trying to hide it.

Justice Greally on Friday said Ms Clifford’s victim impact statement was a vivid of the profound harm caused to her as a result of the offending.

In assessing Tracey’s culpability, she said the harm caused to Ms Clifford was emotional and psychological, noting the court did not receive evidence of physical injuries.

She said Tracey was 17 when the offending began and 18 going on 19 when it ended, so the court must have regard to his youth and immaturity.

She placed the coercive control offence in the upper range, noting it is highly abusive and damaging nature. She placed the sexual assault and false imprisonment in the lower range for those offences.

Ms Justice Greally set headline sentences totalling four years.

In mitigation, she noted Tracey’s plea of guilty, lack of prior convictions, his co-operation and issions. She took into his youth, poor mental health and difficult personal circumstances.

Judge Greally noted Tracey had made efforts to abstain from alcohol and cannabis.

The judge noted that despite the psychological report the cause and motivation for the offending remained unclear. She said sentencing needed to be structured to address his high risk of reoffending.

She imposed concurrent sentences totalling three years and suspended the final year on strict conditions including probation supervision, and undertaking sex offender and domestic violence therapeutic programs.

At a previous hearing, the detective agreed with Colman Cody SC defending Tracey, that his client was “a person of prior good character”. He accepted that the man told the gardaí a number of times that his head had been all over the place at the time.

It was further accepted that he had written a letter of remorse and accepted that he “might have” told the girl he was going to kill himself.

Mr Cody said Tracey had suffered from anxiety since childhood and was socially anxious. He is currently taking antidepressants but is trying to wean himself off medication, counsel said.

He submitted a letter of apology from Tracey contrasts with the contents of the probation report in of his levels of awareness and insight into his offending. He also asked that Tracey’s youth and level of maturity be taken into .

Counsel referenced a psychological report which outlines Tracey’s mental health issues as well as personal circumstances which had an adverse impact on him.

He submitted that Tracey’s mental health issues should be taken into when assessing culpability, as well as looking to the future in of his need for treatment and intervention.

He said Tracey has acknowledged he needs help, but said he has had difficulties accessing local psychological services. He said his client is willing to engage with any agency that can help him.

He submitted the guilty plea was an acknowledgement of his guilt and responsibility, sparing Ms Clifford from having to go through a trial and cross-examination.

Mr Cody said Tracey’s parents were ive but did not condone what he had done. He said the man had co-operated with the gardaí and the investigation.

He said Tracey had referred in reports to his issues in of drinking and substance abuse in his mid-teens as a stress-coping mechanism.

He said his client has self-reported that he stopped drinking two years ago and has desisted from cannabis use in the past months.

Counsel said Tracey was a man who wants to engage in rehabilitation, but accepted rehabilitation was not at an advanced stage.

He said his client has to pay a price for his offending, but said this must be tempered by his level of culpability and the matters put forward on his behalf.

He said there were positive signs for the future and asked the court to be as lenient as possible.

If you have been affected by any of the issues raised in this article, you can Women’s Aid (24-hour freephone helpline at 1800-341 900, email [email protected]) or Men’s Aid Ireland (confidential helpline at 01-554 3811, email [email protected]) for and information.

Safe Ireland also offers a number of local services and helplines at safeireland.ie/get-help/where-to-find-help/. In the case of an emergency, always dial 999/112.