Two Men Indicted for Rape and Sex Trafficking of a Child

Two middle-aged men are facing numerous charges for the alleged sex trafficking of a 13-year-old girl who they met over social media. 

Kal Kirby, 43, of East Flatbush, Brooklyn and Jordan Shephard Burnham, 44, of Oak Bluffs, Massachusetts were arraigned on a 57-count indictment on July 31. 

“This is an incredibly disturbing case in which two middle-aged men are accused of exploiting a vulnerable child for their own gratification. I am committed to protecting our children from sexual exploitation and will now seek to bring the defendants to justice,” said Brooklyn district attorney Eric Gonzalez. 

According to court records, the victim started communicating with Kirby on a social networking app called Monkey and then on Instagram in February 2022.

It is then alleged that Kirby later sent a cab to pick up the victim at her school and take her to his apartment where they played video games, ate fast food and engaged in sexual intercourse. They continued to meet on a weekly basis through December 2022.

In September 2022, it is alleged that the victim went to Kirby’s apartment after school and there were four or five other men there. It is alleged that each of the men engaged in sexual intercourse with the victim, who felt that she couldn’t refuse and complied. 

On Oct. 14, 2022, it is alleged that Kirby sent a photo of the victim in her underwear to Burnham and said he “had a young thing I wanted to introduce." Burnham allegedly liked the image. 

On Oct. 27, 2022, Kirby allegedly sent a naked video of the victim to Burnham and later set up a meeting for Burnham and the victim to engage in sexual intercourse.

Finally, it is alleged, between Nov. 1, 2022, and Dec. 23, 2022, Burnham and the victim engaged in sexual intercourse on three occasions. After the second time, he allegedly gave her a pair of headphones and after the third time, he allegedly gave her $200. 

In subsequent communications on Instagram, Burnham allegedly requested and received lewd photos of the victim.

In late December 2022, the victim told what had been happening to her foster mother, police were notified and an investigation ensued. 

On July 31, the two men were arraigned on a 57-count indictment. Kirby has been charged with the following: 

• Sex trafficking of a child
• First-, second-, third-, and, fourth-degree promoting prostitution
• Second- and third-degree rape
• Endangering the welfare of a child
• Use of a child in a sexual performance
• Possessing a sexual performance of a child
• Promoting a sexual performance of a child
• Second-degree unlawful surveillance of a child
• Unlawful disclosure of an intimate image

He was arraigned on July 20 before Brooklyn Supreme Court Justice Rhonda Tomlinson and held without bail. 

Burnham has been charged with the following: 

• Second- and third-degree rape
• Endangering the welfare of a child
• Promoting a sexual performance by a child
• Possessing a sexual performance by a child
• Use of a child in a sexual performance
• Aggravated patronizing a minor for prostitution in the second-degree

He was apprehended in Oak Bluffs on July 20. Brooklyn Supreme Court Justice Donald Leo arranged Burnham ordering bail at $2 million bond or $1 million cash.

An indictment is an accusatory instrument and not proof of a defendant’s guilt. Both Kirby and Burnham are expected to return to court on Aug. 24.

The case is being prosecuted by senior assistant district attorney Mary Monahan, of the District Attorney’s Human Trafficking Unit, under the supervision of assistant district attorney David Weiss, chief of the Human Trafficking Unit, with the assistance of paralegal specialist Aurora Martinez, under the overall supervision of assistant district attorney Miss Gregory, chief of the Special Victims Bureau.