{
 "id": "012",
 "offence": "Sexual interference (s. 151 of the Criminal Code of Canada) — intercourse with a 13-year-old child",
 "jurisdiction": "British Columbia",
 "years": "2019 / 2019",
 "story": [
  "Both cases were heard in the Supreme Court of British Columbia. Both offenders are adults with no record, both convicted of sexual interference (s. 151) with a 13-year-old. Both pleaded not guilty and were convicted after trial.",
  "Cameron Marvin Alfred, 26 at the time, was a friend of the victim's two older brothers and in part a friend of her family. He had intercourse with 13-year-old S.V. two or three times between August and December 2017 and admitted he knew her age. The Crown asked for 3–4 years in custody. The court imposed 9 months in custody and 24 months of probation.",
  "Min Chen, 28, was a friend of the victim's mother; they lived in the same shelter. She had intercourse with 13-year-old S.H. in her room at the shelter while her two-year-old child slept nearby. She told S.H. not to tell anyone. The Crown asked for 1 year in custody and 1–2 years of probation. The court suspended the passing of sentence and imposed 2 years of probation.",
  "The court noted that Alfred is the father of a daughter and can be expected to gain a deeper understanding of what happened. In Chen's case the court took into account that she is a mother and the primary caregiver of two young children, and that custody would separate her from them."
 ],
 "male": {
  "case": "R. v. Alfred",
  "citation": "2019 BCSC 1452",
  "court": "Supreme Court of British Columbia",
  "date": "2019-05-17",
  "charge": "Sexual interference (s. 151); sexual assault count (s. 271) conditionally stayed",
  "outcome": "Pleaded not guilty; found guilty after trial",
  "sentence": "9 months in custody, then 24 months of probation",
  "facts": "He was 26, the victim S.V. was 13; intercourse two or three times between August and December 2017, he knew her age (para. 3). He was a friend of her older brothers (para. 4). No record (para. 11). The Crown asked for 3–4 years (para. 13). Sentence: 9 months (para. 27). The court noted that as the father of a daughter he may come to understand more deeply what happened (para. 21).",
  "source": "https://www.bccourts.ca/jdb-txt/sc/19/14/2019BCSC1452.htm"
 },
 "female": {
  "case": "R. v. Chen",
  "citation": "2019 BCSC 1290",
  "court": "Supreme Court of British Columbia",
  "date": "2019-07-15",
  "charge": "Sexual interference (s. 151) with a person under 16",
  "outcome": "Pleaded not guilty; found guilty by a jury",
  "sentence": "Suspended sentence, 2 years of probation",
  "facts": "She was 28, the victim S.H. was 13; intercourse in her room at the shelter (paras. 11, 24). She was a friend of his mother (para. 24) and told him not to tell anyone (para. 24). No record (para. 25). The Crown asked for 1 year in custody and 1–2 years of probation (para. 12). Sentence: 2 years of probation (para. 48). The court took into account that she is the primary caregiver of her children (para. 30).",
  "source": "https://www.bccourts.ca/jdb-txt/sc/19/12/2019BCSC1290.htm"
 },
 "law": [
  "Criminal Code s. 718.2(b)",
  "Charter s. 15",
  "Charter s. 28"
 ],
 "after": "",
 "added": "2026-10-17",
 "evidence": {
  "male": {
   "offender_name": {
    "value": "Cameron Marvin Alfred",
    "quote": "Cameron Marvin Alfred",
    "para": ""
   },
   "offence": {
    "value": "Sexual interference (s. 151); sexual assault count conditionally stayed",
    "quote": "for the offence of sexual interference",
    "para": "13"
   },
   "criminal_code_sections": {
    "value": "s. 151; s. 271 (conditionally stayed under Kienapple)",
    "quote": "contrary to s. 151 of the Criminal Code",
    "para": "2"
   },
   "plea": {
    "value": "Not guilty; found guilty after trial",
    "quote": "Mr. Alfred entered pleas of not guilty to each of the counts.",
    "para": "3"
   },
   "sentence": {
    "value": "Nine months imprisonment, plus 24-month probation with conditions, and ancillary orders (SOIRA 20 years, DNA order, 10-year firearms prohibition, s. 161 order)",
    "quote": "My conclusion is that a nine-month sentence is fit and appropriate in the circumstances.",
    "para": "27"
   },
   "sentence_months": {
    "value": "9",
    "quote": "My conclusion is that a nine-month sentence is fit and appropriate in the circumstances.",
    "para": "27"
   },
   "crown_position": {
    "value": "Incarcerative sentence of three to four years",
    "quote": "The Crown seeks an incarcerative sentence in the range of three to four years",
    "para": "13"
   },
   "victim": {
    "value": "S.V., the complainant",
    "quote": "The complainant, S.V. was 13 years of age at the time of the conduct in issue.",
    "para": "3"
   },
   "victim_age": {
    "value": "13",
    "quote": "The complainant, S.V. was 13 years of age at the time of the conduct in issue.",
    "para": "3"
   },
   "relationship": {
    "value": "Friend of the complainant's older brothers and to some extent a friend of her family",
    "quote": "was a friend of two older brothers of the complainant",
    "para": "4"
   },
   "criminal_record": {
    "value": "No criminal record",
    "quote": "Mr. Alfred has no criminal record.",
    "para": "11"
   },
   "offender_age": {
    "value": "27",
    "quote": "Mr. Alfred is an Aboriginal man, 27 years of age.",
    "para": "7"
   },
   "key_facts": {
    "value": "Offender aged 26 had sexual intercourse with 13-year-old complainant on two or three occasions between August and December 2017, and admitted he knew her age",
    "quote": "At the relevant time, the complainant was 13 years old and the defendant was 26 years old.",
    "para": "3"
   },
   "aggravating": {
    "value": "Age gap of 13 years; offender knew victim's age; multiple occasions of intercourse; statutory aggravating factor of abusing a person under 18",
    "quote": "There were acts of sexual intercourse on multiple occasions.",
    "para": "20"
   },
   "mitigating": {
    "value": "No criminal record; prosocial lifestyle with long-term employment; positive though struggling relationship; cooperation with police; willingness to engage in rehabilitation",
    "quote": "he has what could fairly be described as a prosocial lifestyle",
    "para": "19"
   },
   "gender_mentioned_by_court": {
    "value": "Court notes offender's fatherhood of a daughter, expecting greater insight as a father",
    "quote": "as a father of a daughter it would be reasonable to expect that he may come to have a greater insight",
    "para": "21"
   }
  },
  "female": {
   "offender_name": {
    "value": "Min Chen",
    "quote": "a jury found Ms. Chen guilty of one count of sexual assault and one count of sexual interference of S.H.",
    "para": "1"
   },
   "offence": {
    "value": "Sexual interference of a person under 16 (S.H., aged 13)",
    "quote": "Count 1 - sexual interference contrary to s. 151 of the Criminal Code",
    "para": "3"
   },
   "criminal_code_sections": {
    "value": "s. 151 (sexual interference)",
    "quote": "Count 1 - sexual interference contrary to s. 151 of the Criminal Code",
    "para": "3"
   },
   "plea": {
    "value": "Not guilty; convicted by jury verdict",
    "quote": "a jury found Ms. Chen guilty of one count of sexual assault and one count of sexual interference of S.H.",
    "para": "1"
   },
   "sentence": {
    "value": "Suspended sentence (passing of sentence suspended) with two years of probation, plus ancillary orders (SOIRA for 20 years, DNA order, 10-year firearms prohibition)",
    "quote": "I suspend the passing of sentence and place you on probation for a period of two years.",
    "para": "48"
   },
   "sentence_months": {
    "value": "0",
    "quote": "I suspend the passing of sentence and place you on probation for a period of two years.",
    "para": "48"
   },
   "crown_position": {
    "value": "1 year in jail plus 1 to 2 years probation to follow",
    "quote": "seeks a sentence of 1 year in jail plus a period of probation of 1 to 2 years to follow",
    "para": "12"
   },
   "victim": {
    "value": "S.H., a boy (13 years old)",
    "quote": "Ms. Chen, 28 had sexual intercourse with a 13 year old boy.",
    "para": "24"
   },
   "victim_age": {
    "value": "13",
    "quote": "Ms. Chen, 28 had sexual intercourse with a 13 year old boy.",
    "para": "24"
   },
   "relationship": {
    "value": "Acquaintance; Ms. Chen was a friend of S.H.'s mother, both staying in the same transition house",
    "quote": "Ms. Chen was friendly with S.H.'s mother. She breached that friendship by engaging in sex with her son.",
    "para": "24"
   },
   "criminal_record": {
    "value": "No criminal record",
    "quote": "Ms. Chen has no criminal record and is unlikely to be before these courts again.",
    "para": "25"
   },
   "offender_age": {
    "value": "28 (at time of offence)",
    "quote": "Ms. Chen, 28 had sexual intercourse with a 13 year old boy.",
    "para": "24"
   },
   "key_facts": {
    "value": "Sexual intercourse occurred in Ms. Chen's room at the transition house while her 2-year-old slept nearby; both were willing participants but S.H. could not legally consent due to age; court found she poses minimal risk of sexual reoffending; she suffered serious childhood abuse and has mental health issues; she has engaged in counselling since being charged.",
    "quote": "On the evening in question they had sexual intercourse in Ms. Chen's room.",
    "para": "11"
   },
   "aggravating": {
    "value": "Serious offence involving intercourse with a very young boy; told S.H. not to tell anyone; breach of friendship with S.H.'s mother; S.H. was vulnerable due to family turmoil in a transition house; court rejected argument that S.H. was unaffected",
    "quote": "There is also evidence that Ms. Chen told S.H. not to tell anybody about what happened.",
    "para": "24"
   },
   "mitigating": {
    "value": "Reduced moral culpability from troubled upbringing and childhood sexual abuse; mental health issues; minimal risk of reoffending; no criminal record; prosocial life; compliance on bail since 2015; extensive counselling and positive steps; stress from delay; immaturity",
    "quote": "In my view Ms. Chen's moral culpability is reduced as a result of her troubled upbringing and her mental health issues.",
    "para": "25"
   },
   "gender_mentioned_by_court": {
    "value": "Court relied on Ms. Chen's role as mother and main caregiver of her two young children, and the effect of incarceration separating her from them, in deciding the sentence",
    "quote": "She is the main caregiver to the children.",
    "para": "30"
   }
  }
 }
}
