Ex-Red Barn employee pleads guilty to filming women, publishing images on porn site

A former Red Barn assistant manager has pleaded guilty to unlawfully recording and publishing on a Russian porn site intimate images of nine young women without their consent.

With six of his victims present in Victoria provincial court on Wednesday, Matthew Charles Schwabe, 34, pleaded guilty to unlawfully observing and recording eight women in a place where they could reasonably have been expected to be nude, including the bathroom.

Schwabe also pleaded guilty to knowingly publishing intimate images of nine women 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.

At an emotional sentencing hearing, several women delivered victim-impact statements. Schwabe, who has since moved from Victoria to Nanoose Bay, made a tearful apology.

Crown prosecutor Paul Pearson told the court he is seeking an 18- to 24-month jail sentence followed by two years of probation and a 10-year internet ban. Defence lawyer Chris Considine is seeking a conditional sentence of one year to 18 months, followed by two years of probation.

Judge Jennifer Barrett is expected to deliver her decision in two weeks.

Pearson outlined the offences, reading an agreed statement of facts into the court record.

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 filmed 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 took 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.

Schwabe was arrested on June 29, 2016, and released on condition that he appear in court in September.

“But that date lapsed and the charges were not approved until August 2019, some three years later,” said the prosecutor.

Schwabe, who has no criminal record, has continued to comply with his original release conditions.

The case demands a jail sentence, said Pearson. “These women will be dealing with the ramifications of Mr. Schwabe’s actions for the rest of their lives.”

Schwabe’s actions affected the young victims’ development, self-image, sexual development and sense of privacy and dignity, he said. “Every time they use a public bathroom now, they can’t avoid thinking about what happened to them,” said Pearson. “Their privacy has not just been impacted, it has been shattered.”

The victims have no way of knowing if the images are still on the internet or in the possession of others, said Pearson, who noted that 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.

An assessment by forensic psychiatrist Dr. Shabehram Lohrasbe requested by the defence found Schwabe did not try to minimize his offending behaviour.

Considine said Lohrasbe’s report showed Schwabe was a shy and anxious child who developed obsessive compulsive symptoms, was lonely and turned to the internet.

Lohrasbe found Schwabe was remorseful, deeply ashamed and became distraught when discussing the impact of his actions on his victims, Considine said.

“He is highly motivated to seek treatment and is treatable,” said the defence lawyer, adding Schwabe could have been found not guilty of all charges because of problems with search warrants, but opted not to proceed with a Charter challenge. “He knows it is time to come to an end.”

Schwabe moved up Island so the women would not run into him. However, he has had trouble finding employment and is now gardening and working with animals, his lawyer said.