A MAN HAS been jailed for 17 years for the rape and coercive control of his then partner following “a sustained and deliberate” oppressive regime of her.
The Central Criminal Court heard that Maurice Magner (44), formerly of Killavullen, Co Cork, was found guilty of coercive control, two counts of rape, one count of oral rape, two counts of anal rape and three counts of sexual assault between 2019 and 2021 at an address in Waterford.
It was indicated to the court that while the woman wishes to retain her anonymity, she is anxious that Magner be named in reporting the case.
Detective Garda Ann Marie Myler of the Divisional Protective Service Unit told Miranda Egan-Langley BL, prosecuting, that Magner and the injured party were in a relationship which began to deteriorate in 2019, and Magner began to coercively control the woman by having access to the password to her electronic devices.
The court heard that Magner controlled all facets of the woman’s life, including removing light bulbs to keep her in the dark and disconnecting the heating. She was not allowed to wear make-up, and he decided what clothes she would wear.
Magner opened her post and made threats against her and her family. Visitors were not permitted in the house, and after she had given birth, he told her she could not have painkillers as “real women don’t need painkillers”.
He also took her sanitary products away after she had given birth.
Detective Garda Myler told the court that the woman was struck with a closed fist into her ribs, was pushed, shoved and threatened. Magner led the woman to believe that there were cameras in the house and that she was being watched. He also made the woman stand in the hot press for hours.
The court heard that Magner had “rules” and that if the woman did not follow them, she would be punished.
On three separate occasions, Magner carried out sexual offences against the woman.
These offences included digital penetration, rape, oral rape and anal rape. During one of the assaults, he dragged the woman, and on a second, he held her by the hair while raping her.
While gardaí gave evidence to the court, Magner broke down and wept in the box.
Sentencing the man yesterday, judge Tony Hunt said it was “a sustained and deliberate” behaviour by Magner “designed to control and dominate all ordinary aspects of the woman’s life” including financial control, limiting her social contacts and the imposition of domestic rules followed by consequences for non-compliance.
He said in relation to the sexual offending it was “crystal clear” that there was no consent and it was part of a “sustained campaign of oppression against her – for reasons that I utterly fail to comprehend”, judge Hunt commented.
The judge said the law exists because it is recognised that there is “a necessity of having a free choice in these matters” and also in recognition of “the bodily integrity of the person”.
He set a headline sentence of 17 years in prison to “reflect the overall offending”.
Judge Hunt said he intended to suspend the final two years of the term on condition that Magner agree to not contact the woman either directly or indirectly ever again – “as a reassurance that when she hopefully puts her life together, that when he leaves prison – he will not cause her any difficulty”.
However, the case was adjourned for a short period when Magner refused to enter into that bond.
He returned and again refused to enter into the bond.
Judge Hunt said he was imposing a prison sentence of 17 years but in fairness to Magner he would allow him to come back to court in the next 14 days to enter into the bond, should he wish to do so. He said if he agreed to the terms, the final two years of the sentence would be suspended.
He added the woman was “clearly a very strong and organised person” and he said he had no doubt at all about her ability to put her life back on track free of Magner’s oppressive regime.
“She is a person of considerable courage and just like the jury I accept the impact of his regime upon her,” the judge continued.
The injured party in this case took to the witness box at a previous sentence hearing and read her own victim impact statement, which said: “I am the victim of sexual violence and coercive control. I was trapped, isolated and threatened. Prior to meeting Magner, I was a social and confident girl who enjoyed spending time with family and friends. He cut me off from all of them.”
She said: “I tried everything to make him happy and keep my family safe”.
The woman spoke of being denied basic pain medication and sanitary products. She said Magner would leave the house for days and would remove the light bulbs and disable the heating.
She told the court that she was frequently locked out of the house and had to walk the streets.
“His money was his, and my money was his,” she said.
“I was merely an object to be used, abused and destroyed,” she said. She told the court that fear is hard to turn off, and she described how “rape robbed me of a dignity that I will never get back”.
She concluded by telling the court, “I will always be in desperate fear of Magner.”
Det Gda Myer agreed with Michael Delaney SC, defending, that his client has little contact with his family and has worked as a plumber, a DJ, and a salesperson.
The garda agreed with counsel that after Magner left the home he shared with the woman, he lived in his van and has been in custody since 19 January of this year.
Delaney said his client was a person of previous good character and had worked for most of his adult life.
Counsel said that after Magner left the home he shared with the woman, he fell on hard times.