A 32-year man from India was brought before the court on several charges after allegedly sharing a video containing sexual footage of his ex-partner without her consent.
A search and arrest warrant was issued and the suspect’s mobile and smart-watch were seized. The accused has pleaded not guilty to the charges brought before him including harassment, sharing the sexual content without the victim’s consent, slightly injuring her, as well as insulting and threatening her.
Jaysal Kuyil Kandam has been accused following several months of attempts to regain his former lover, the alleged victim having blocked his number and moved address in order to avoid him. His ex-girlfriend however did not succeed in avoiding Kandam, as he showed up waiting for her at a bus stop next to her new address, herself stating that she had suffered minor bodily harm following the Incident.
Kandam persisted in his efforts, turning to email as a way to contact his former lover, ultimately threatening to circulate sexual footage “with the whole world”. The threat was taken lightly until Kandam forwarded an email that revealed the sexually explicit content had already been sent to a friend. It was at this point that the matter was taken to the police.
Sharing confidential and intimate material, such as images and videos, of another person without their consent and with the intent to cause harm and embarrassment is categorised as revenge porn. Even if the filming of the material was consensual at the time, distribution requires a further consent.
It is important to note that revenge porn was criminalised in Malta a few years back. Currently, revenge porn is punishable by a maximum of two years’ imprisonment or a fine ranging between €3,000 and €5,000. Kandam has been granted bail against a deposit of €750, a personal guarantee of €8,000 and signing of the bail book twice weekly.
The suspect is now waiting for a final verdict.