Tourist handed suspended sentence over secret filming of sexual encounter
Court hears video was circulated among group of men as defence described incident as 'boys’ fun' gone wrong
A 20-year-old tourist has been handed a suspended prison sentence after admitting to secretly filming a woman engaging in sexual activity without her consent.
Tim Batholomeus Petrus Van Schijndel, from the Netherlands, pleaded guilty to taking and disclosing a private sexual video without consent, as well as misuse of electronic communications equipment, after the footage was circulated among a small group of men.
Times of Malta understands that Van Schijndel filmed his friend having sexual intercourse with the victim and then turned the camera on himself at the end of the recording. Sources said the video was subsequently circulated among three men, including the accused.
The court heard that on June 19, the victim reported that a man had filmed her engaging in sexual activity. Police located and arrested Van Schijndel.
During his interrogation, the defendant fully cooperated with authorities and surrendered his mobile phone. Although he was scheduled to fly out of the country the day after, he was instead placed on police bail and subsequently arraigned on Tuesday before Magistrate Gabriella Vella.
The court was informed that another individual had initially been arrested in connection with the incident but was later released.
The prosecution argued against an immediate custodial sentence, citing Van Schijndel’s full cooperation with the investigation, his early admission of guilt, and the fact that all copies of the footage had been recovered and deleted by police.
The defence stated that the Dutch national had not understood the severity of his actions as a criminal offence, emphasizing that he had never intended to bribe or extort the victim. The incident was described by the defence as a case of "boys' fun" that went entirely too far, a justification the defence itself condemned as completely wrong.
Supported in court by his family, Van Schijndel was said to be deeply remorseful, with his legal counsel assuring the court that he would never commit such a serious crime again. The defence requested a non-custodial sentence, noting they would accept the maximum possible suspended term.
Magistrate Gabriella Vella found the accused guilty and sentenced him to two years’ imprisonment, suspended for four years.
In handing down the judgment, the court considered the gravity of the offence, the defendant's clean criminal record and his cooperation with the police. Magistrate Vella also noted that the dissemination of the video had been successfully contained, with no remaining copies in circulation.
Inspector Pierguido Saliba prosecuted while lawyer Stefano Filetti appeared for the accused.