Whitehorse Daily Star

‘Had he not been stopped, this would have gone ... further’

A Whitehorse man was sentenced this week to 15 months in jail for luring an underage girl online and distributing sexually explicit material to another.

By Rhiannon Russell on January 23, 2015

A Whitehorse man was sentenced this week to 15 months in jail for luring an underage girl online and distributing sexually explicit material to another.

Billy Callahan-Smith, 18, reached out to two pre-teen girls on Facebook last spring.

He messaged the first, asking how old she was. She told him she was 12, and he later offered her two iPods in exchange for sex.

Callahan-Smith asked to be “friends with benefits” with the other girl, also 12 years old.

When she blocked him, he created a new account on the social media site and sent her a photo of himself with his penis visible.

He asked both girls not to tell anyone about what he was doing.

In April 2014, the mother of the first girl contacted RCMP, concerned that Callahan-Smith was saying sexual things to her daughter online.

She permitted police to access the girl’s Facebook account, and an RCMP officer saw the messages Callahan-Smith had sent.

He was arrested at his house and released on bail. When the second set of allegations came to light, he was rearrested. He pleaded guilty to three charges.

In a victim impact statement, the second girl said she is scared to walk alone or be approached by men she doesn’t know.

“He said he’s seen me around and knows where I live,” she said in her written statement. “I no longer have trust in people like before.”

“I am concerned about the risk Mr. Callahan-Smith poses to youth,” Judge Michael Cozens said in his decision Monday. “His attraction to prepubescent females is extremely disconcerting.

Defence lawyer Kim Hawkins said Callahan-Smith may be an adult in age, but his mental age is much younger, which affects his moral culpability. He has cognitive issues and a low IQ.

“We’re dealing with someone who doesn’t have a full set of tools to work with,” Hawkins said at the sentencing hearing in November.

This was apparent by the lack of sophistication Callahan-Smith had when committing his crimes, particularly the fact that he made no attempts to be anonymous, she said.

But Crown prosecutor Bonnie Macdonald said though the young man lacks self-control, he knew what he was doing was wrong. His pleas that the girls keep his advances a secret shows that, she said.

“Had he had the opportunity, had he not been stopped, the Crown submits this would have gone ... further,” said Macdonald.

Hawkins said Callahan-Smith, a member of the Kwanlin Dun First Nation, grew up in a tight-knit family.

As an only child, however, he’s used to getting his way and becomes volatile when he doesn’t.

When he stayed at the Youth Achievement Centre in Whitehorse, he’d kick and throw things and punch holes in the walls.

The Crown posited that aggravating factors in this case are Callahan-Smith’s attraction to young girls and that he is at a high risk for sexually reoffending.

“His continued incarceration will only address public safety concerns in the very short-term,” his Gladue report states.

“It will not provide for any longer-term therapeutic solutions that will ultimately be of greater value to Billy and to the public in general.”

What Callahan-Smith needs is treatment for sexual deviancy, said Cozens.

“If he does not receive and actively engage in treatment and alter his behaviour through this treatment, there is every reason to believe he will reoffend and that this reoffending will cause harm,” the judge said.

Cozens sentenced Callahan-Smith to the mandatory minimum for each offence – one year for luring and 90 days for making sexually explicit material available to a child.

According to the Criminal Code, luring is defined as communicating, via Internet or phone, with someone who is under the age of 16 in an attempt to commit sexual assault or sexual interference.

Taking into account the time Callahan-Smith has spent in custody since his arrest last year, he has 59 days left to serve. Then he will spend three years on probation.

During that time, he’s banned from attending any park, daycare, public pool or location where people under the age of 16 are present. He also must not possess any device that has Internet access, except with his probation officer’s permission.

He must take part in programming as instructed by his probation officer.

Callahan-Smith’s name will also be entered into the national sex offender registry.

Comments (12)

Up 1 Down 1

Dis believer on Mar 8, 2015 at 12:11 am

So glad a judge issued a piece of paper that will make sure he didn't get any smarter about getting caught, but yeah that judgement on paper should make sure he doesn't ever do anything like he did before, cause it works so good for all the other child realists that have 3,4,5,6 convictions

Up 11 Down 0

Mary on Jan 29, 2015 at 1:23 pm

Classic case of another person who's not working with a full set of tools and sophistication? What are these lawyers saying to us? If he was sophisticated and had a full set of tools this is okay? He obviously had enough tools in the screwed up head to try to convince these young girls to have sex with him and to operate the computer. Where does it stop with these predators hiding behind every excuse possible and getting a "get out of jail free card". Go to treatment, finish your 2 weeks and guess what you can go out in society to commit more crimes and then when you're caught again you can go to treatment again and use the excuse that the first two times didn't work.
It's easy to say you're going to treatment and this is accessible to you because you're not paying for it! It's the people who pay taxes that are paying for it. It's time that we as Canadians ask to review where our tax dollars are going and have our voice heard about what benefits that are being dolled out to these criminals. It cost the tax payers at least $10,000.00 to send one person to treatment and guess what if they don't complete they get to go again and again. So do the math and every time you read he, she, they have gone to treatment (get out jail free card) how much it is costing you. Lets start using that money to put criminals behind bars and keep them there. Let's use the monies to educate our children, let's use the monies in programs that will build self esteem, strong active children. Not on cowards that prey on children. I'm all in for the chain gang methodology!

Up 10 Down 0

Jane Smith on Jan 28, 2015 at 12:42 am

If you want to read the judge's decision, go to the yukon courts website and look under territorial court judgements.

Up 11 Down 9

Josey Wales on Jan 27, 2015 at 8:19 am

Yes, I did miss that, my bad? I guess I just started reading "woe is us", my eyes glazed over as per prior to gagging pre-puke.
Look forward to reading of the ever so popular...breach of terms articles, if they are permitted to report it?

Up 14 Down 3

mike madder on Jan 27, 2015 at 7:53 am

Again a definitive sentence of a predator in a native community that reflects the opinions and lack of care that our justice system has for these communities. Insulting to the victim, insulting to the families and as for the mental state of this guy, it has been heavily overstated.

Up 16 Down 22

Max Mack on Jan 26, 2015 at 4:00 pm

How sad that society's response to this young man's obvious cognitive and development deficits is jail time. Is this the best we can do?

Up 12 Down 3

Just Say'in on Jan 25, 2015 at 5:13 pm

@Josey….. Sorry it does elude to Gladue. Did you think they would miss that? It is an industry.

QUOTE from above.
“His continued incarceration will only address public safety concerns in the very short-term,” his Gladue report states.

Up 31 Down 8

Josey Wales on Jan 25, 2015 at 9:40 am

What no mention of Gladue? Usually they factor that in to ensure trauma and heartbreak and victims will never end...hence a self sufficient "Industry" of elitism.

I say...feed him to the bears, they often eat garbage.

Up 75 Down 6

Jennifer on Jan 24, 2015 at 8:57 pm

Being the mother of one of the 12 year old girls it makes me sick that there was NO justice for my daughter! At the age Billy is he knows right from wrong IQ has nothing to do with knowing right and knowing what's wrong!
This has affected not only my daughter and family but affects the whole community! I find myself invading my daughters privacy in fear of something happening again !
What really gets me is when Billy got arrested for the first 12 yr old then released the next day and reoffending right away!
My daughter wants to move out of the yukon due to Billy knowing where we live!
I really beleive there was no justice for my daughter and the other young preteen girls!!
Excuses need to stop being made for these people who choose to sexually hurt children!

Up 11 Down 30

Yukonlass on Jan 24, 2015 at 4:34 pm

I'm torn on this one.
Having a brother who is significantly developmentally delayed I can understand that this young man, while understanding the difference in ages between he and the girls, probably relates better to that age group. It's too bad that he has this record now and his activity wasn't better monitored.

Up 45 Down 8

June Jackson on Jan 23, 2015 at 8:27 pm

In the old days, society put monsters to death, now we make excuses for them and they are multiplying.

I am all about protecting our young, I have 0 tolerance for predators and I could not care less about their excuses. To me, nothing, not a damned thing excuses or causes me to 'tolerate' someone who attacks children.

Good on the parents for watching what their kids are doing..for forging relationships in which your kids feel safe to come to you. 15 months? Forever would have been better.

Up 36 Down 11

melba on Jan 23, 2015 at 3:59 pm

"As an only child, however, he’s used to getting his way and becomes volatile when he doesn’t."

A bit of a smear against only children I'd say. I know it was meant as an excuse for his behaviour, as his defense lawyer presented and interpreted this information, but that's pretty low. He's an only child, therefore used to getting his way?

There are indeed only children who are completely spoiled brats heading for a rude awakening in the world, (and 'not only' children too), but there are plenty of other 'only kids' who are raised well. I'm thinking of one right now, a lovely girl, kind, smart, patient. Ten years old, a single child of a single parent.

Just had to pipe up in her defense.

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