A 28-year-old woman was sentenced to two years probation after having sex with a 13-year-old boy while staying in a transition home in Victoria. (Black Press Media file photo)

A 28-year-old woman was sentenced to two years probation after having sex with a 13-year-old boy while staying in a transition home in Victoria. (Black Press Media file photo)

Woman gets two years’ probation after having sex with 13-year-old boy

Both were staying at a transition home in Victoria

A 28-year-old woman was sentenced to two years probation after having sex with a 13-year-old boy while staying in a transition home in Victoria.

On Sept. 25, 2017, a jury found Min Chen guilty of one count of sexual interference. The offence occurred in November 2015 but she was not sentenced until last month. There were a number of reasons for the lengthy timeline in this case including accommodating Chen’s pregnancy and birth of her second child and adjourning to resolve a constitutional challenge to the sentencing provisions.

According to the sentencing judgment, posted on Aug. 7, the stress of having these charges hanging over her head for almost four years caused extreme stress resulting in Chen threatening suicide by setting her quilt on fire.

In court, Chen testified the young boy had forced himself on her, which the jury rejected. The boy, whose name is protected by a publication ban, testified Chen had initiated sexual intercourse but “basically he was okay with it,” although he could not legally consent as he was under the age of 16.

Both Chen and the boy were staying in a transition house — Chen with her two-year-old son and the boy with his mother and siblings. Chen had become friendly with the boy’s mother and formed a relationship with the boy. Staff at the transition house noticed the relationship seemed inappropriate and at least one staff member spoke to Chen about it.

READ ALSO: B.C. man convicted of kidnapping and raping girl, 11, granted unsupervised day trips

The boy asked to use Chen’s laptop and violated the rules of the house by spending time in her room to use the computer. However, Justice Murray found that Chen had not “groomed” the boy as it was clear most of their time together was because he wanted to use her laptop.

At the time of the offence, Chen’s two-year-old was asleep on another bed in the room.

Crown sought a sentence of one year in jail with one to two years of probation to follow. The defence submitted a non-custodial sentence was appropriate given Chen’s personal circumstance and the fact that although the boy could not legally consent, he was a willing participant who according to the defence was “unharmed by this incident.”

“This is a particularly challenging sentence that involves unusual facts and a constellation of unique factors,” wrote Murray. During the trial, the defence called two witnesses who were both psychologists to testify about Chen’s risk of re-offending, the childhood abuse she endured and her issues with mental health.

“According to the psychologists, this abuse, particularly at the hands of her father, has had a profound impact on her. She has trouble managing her emotions and is extremely immature. She has been unable to have healthy sexual relationships in her adult life. She has been abused by almost all of her male partners,” reads the judgment.

According to the judgment, the aggravating factors — besides having sexual intercourse with a minor — included evidence that Chen told the boy not to tell anyone what happened, the fact that Chen was friends with the boy’s mother and “breached that friendship,” along with Chen’s vulnerable position.

The defence asserted the boy was a “confident kid who presented as older than he was.”

The mitigating factors in the case included Chen’s “exceedingly naive” persona.

“Chen acts much younger than her age; she is almost childlike … She is strikingly immature. More childlike than [the boy] in fact. Despite the large gap in age, the two are not that far apart in terms of social development. Despite his young age [the boy] was in many significant ways, as odd as this sounds, more grown up and certainly more confident than Ms. Chen,” reads the judgment.

READ ALSO: B.C. lifeguard nicknamed ‘Eddie Spaghetti’ facing multiple child sex offences

At the time of the offence, Chen’s life was in turmoil — she was unhappy, having trouble in her marriage, in transition housing and suffering from some psychiatric issues that she was unaware of. Murray stated there was little to no risk of Chen re-offending based on two psychologist’s risk assessment.

Murray recognized the timeline of events, starting in 2015 and ending in 2019, had an extreme impact on Chen, as she was humiliated and ashamed, and it is unlikely she will ever be permitted to work in health care or early childhood education which are her chosen fields.

In addition to two years probation, Chen must register as a sex offender for the next 20 years.



kendra.crighton@blackpress.ca

Follow us on Instagram
Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

A cat died in this house fire in Sidney afternoon. The fire started on the house’s deck and spread from that point. Sidney Volunteer Fire Department Chief Brett Mikkelsen said the permanent presence of crews at the Community Safety Building prevented worse damage. (Photo courtesy of Clayton Firth)
Sidney house fire kills cat, causes extensive damage

Official says fire started on deck and damage to the house could have been worse

Millstream Village is welcoming a new Marshalls location March 9. (Photo courtesy GWL Realty Advisors)
New Marshalls store in Langford brings boost to women in need

Retailer will hold opening ceremony in Millstream Village March 9

Abstract Developments is donating $75,000 to support community programming at The Cridge Centre for the Family. (Courtesy of The Cridge Centre)
Victoria developer builds support for community programs

Abstract Developments donates $75,000 to The Cridge Centre for the Family

SD 62 (Sooke) has announced a COVID-19 exposure at David Cameron Elementary in Colwood. Potential exposure dates are Monday, Feb. 22; Tuesday, Feb. 23; and Wednesday, Feb. 24. (Black Press Media File).
COVID-19 exposure at Colwood’s David Cameron Elementary

Potential exposure dates are Monday, Feb. 22; Tuesday, Feb. 23; and Wednesday, Feb. 24.

Office vacancy rates are rising in Greater Victoria while the supply of industrial land is shrinking. (Black Press Media File)
Report finds supply of industrial land in Greater Victoria shrinking

Office vacancy rates in Greater Victoria continue to rise

A health worker holds a vial of AstraZeneca vaccine to be administered to members of the police at a COVID-19 vaccination center in Mainz, Germany, Thursday, Feb. 25, 2021. The federal state of Rhineland-Palatinate, start with the vaccination of police officers in internal police vaccination centers. (Andreas Arnold/dpa via AP)
B.C. officials to unveil new details of COVID vaccination plan Monday

Seniors and health-care workers who haven’t gotten their shot are next on the list

A boat caught fire in Ladysmith Harbour on Saturday morning. (Photo submitted)
Search underway for missing woman after boat catches fire in Ladysmith harbour

A large boat caught fire on the morning of Saturday, Feb. 27

Lone orca from a pod that made its way north from Georgia Strait and into Discovery Passage on Saturday, Feb. 27, 2021. Photo by Ella Smiley/<a href="https://www.facebook.com/Comoxvalleywildlifesightings/?ref=page_internal" target="_blank">Comox Valley Wildlife Sightings </a>
Island wildlife viewers thrilled by close view of passing Orca pod

Group gives wildlife photographers a classic opportunity to view them off Campbell River shoreline

An investigation is underway after a man was shot and killed by Tofino RCMP in Opitsaht. (Black Press Media file photo)
Man shot and killed by RCMP near Tofino, police watchdog investigating

Investigation underway by Independent Investigations Office of British Columbia.

B.C. Supreme Court in Vancouver on Tuesday December 11, 2018. THE CANADIAN PRESS/Darryl Dyck
B.C.’s compromise on in-person worship at three churches called ‘absolutely unacceptable’

Would allow outdoor services of 25 or less by Langley, Abbotsford and Chilliwack churches

Baldy Mountain Resort was shut down on Saturday after a fatal workplace accident. (Baldy Mountain picture)
Jasmine and Gwen Donaldson are part of the CAT team working to reduce stigma for marginalized groups in Campbell River. Photo by Marc Kitteringham, Campbell River Mirror
Jasmine’s story: Stigma can be the hardest hurdle for those overcoming addiction

Recovering B.C. addict says welcome, connection and community key for rebuilding after drug habit

A Vancouver restaurant owner was found guilty of violating B.C.’s Human Rights Code by discriminating against customers on the basis of their race. (Pixabay)
Vancouver restaurant owner ordered to pay $4,000 to customers after racist remark

Referring to patrons as ‘you Arabs’ constitutes discrimination under B.C.’s Human Rights Code, ruling deems

Most Read