© Guardian photo
Prince Edward Island provincial court
A man who was on trial for sexual assault was sentenced to jail time last week after ignoring an order to stay away from the alleged victim.
Darryl Joseph Sock won’t, however, continue with the sexual assault trial after the Crown stayed two charges against him.
On Friday, provincial court Chief Judge John Douglas sentenced Sock to serve 15 days in jail and 18 months of probation after he sent someone to tell the alleged sexual assault victim that he wanted to talk to her.
That was in violation of an undertaking, which included a condition that he have no direct or indirect contact with the woman after he was charged with sexual assault in February.
Sock sent someone to tell the alleged victim that he wanted to talk to her and he didn’t want her to proceed with the charges against him.
Sock has a criminal record that includes multiple counts of sexual assault and Crown attorney John McMillan said he was worried he would be sent to prison.
McMillan said the alleged victim was reluctant to proceed with criminal charges, but did.
The alleged sexual assault victim didn’t report the contact to police who learned about it through victim services, McMillan said.
Sock’s trial hadn’t finished yet and McMillan said he decided to direct a stay of the charges related to the alleged sexual assault because if Sock wasn’t convicted then the undertaking to stay away from the alleged victim would no longer apply.
McMillan said there would then be no consequences if Sock contacted her.
The stay of proceedings means an end to the sexual assault trial and there won’t be a verdict in that case.
Defence lawyer Chris Montigny said Sock understood that the court would order him to stay away from the alleged victim and his client agreed it would be best.
Before hearing the sentence, Sock apologized to the court.
“I take responsibility for my actions,” he said in reference to breaching the undertaking.
Douglas told Sock that interfering with the court process is a serious offence and ordered him to have no contact with the alleged victim.
Sock will serve the 15 days on weekends and he will have to pay a $100 victim surcharge.