What to do with a local man described as low functioning but found guilty of groping two women while in a movie theatre was a topic in Prince George provincial court on Thursday.
Daniel Jimmy Junior Jack, 30, has a lengthy history of "problematic sexual behaviour," and has previously served jail time for a similar but more serious incident.
However, he was also described as low functioning and with special needs and it was agreed that jail would only worsen his behaviour because he would be separated from his support network. He had groped a female guard while previously in custody, it was also noted.
In that light, Judge Peter McDermick agreed to a joint submission from Crown and defence counsels that will see Jack serve three years probation with conditions that include staying away from the Famous Players 6 cinema and a 10 p.m. to 7 a.m. curfew, unless in the company of a person approved by his probation officer.
The outcome stems from a Jan. 13, 2019 incident in which Jack positioned himself behind the two women while they were sitting in one of the cinema's theatres and touched one on her rear end and the other on her lower back.
McDermick found Jack guilty of sexual assault and common assault following a trial on the matter.
As part of the sentence, Jack must also take counselling as directed. Because of his intellectual deficits, the author of a pre-sentence report said Jack is not a candidate for group counselling but structured, one-on-one counselling could work.
The victims had filed a complaint more out of concern for the public in general than themselves it was also noted.