A former Red Barn assistant manager has been sentenced to 15 months in jail followed by two years of probation for unlawfully recording and publishing intimate images of nine young women on a Russian porn site without their consent.
In September, Matthew Charles Schwabe, 33, pleaded guilty to unlawfully observing and recording eight women in a place where they could reasonably have been expected to be nude, such as a public washroom or a private bathroom. Schwabe also pleaded guilty to knowingly publishing intimate images of nine women on porn sites without their consent.
The offences took place between June 2012 and June 2016 at three Red Barn locations and at Schwabe’s home. The names of the victims, three of whom were under the age of 18, are protected by a publication ban.
Although defence lawyer Chris Considine was seeking a conditional sentence, Judge Jennifer Barrett said the offences cried out for a stern response from the court.
“The victims in this case were innocent. They could have been any one of us, or our children, just proceeding through our normal lives. The extent of the harm these offences has caused innocent victims is profound. … With technology today and easy access to the Internet, these types of offences can be committed with ease by like-minded people,” said Barrett.
During the sentencing, Schwabe wrung his hands and looked at the ground. At times, he appeared to be crying.
An agreed statement of facts revealed that between June 7, 2012 and May 11, 2014, Schwabe took hidden-camera videos of six victims in various stages of undress. Five of his victims were video-recorded using the bathroom at the Red Barn Market at Mattick’s Farm.
Schwabe also borrowed the cellphones of two other victims, who were Red Barn employees, and accessed photos of intimate images they had taken for their boyfriends.
Between Aug. 21, 2015 and June 26, 2016, Schwabe published intimate and naked photos of his nine victims on a Russian pornography website. The website allows people to anonymously post photos of women they know without their knowledge, court heard.
Schwabe combined the voyeuristic photos with photos from the women’s Facebook profiles. In some posts, he used their first or last name or said they were from Victoria.
He was arrested on June 29, 2016 but charges were not approved until August 2019.
The judge accepted the fact that Schwabe, who made a tearful apology to his victims, is remorseful for his actions, but she said the number and age of his young victims were aggravating factors.
“Mr. Schwabe’s actions have had a significant and long-lasting effect on his victims. His actions have damaged their self-image, sense of privacy and dignity and altered the way they now look at others,” said Barrett, adding that they no longer feel safe or secure in staff washrooms and even their homes.
The offences were sophisticated, well-planned and repeated over a long period. They were also a breach of trust because Schwabe was a co‑worker and friend. He stopped publishing the intimate images because of his arrest in 2016, said Barrett.
The judge pointed to mitigating factors, including the fact that Schwabe was relatively young when he committed the offences and has no criminal record. He also entered a guilty plea, which spared his victims from testifying at trial.
