Intimate Video by a Private Pool: Court Imposes Sentence for Recording and Distribution

How the Video Reached the Internet

In June 2023, while walking his dog, the first defendant saw a couple in a swimming pool in the yard of a private home. He filmed them without their knowledge, zooming in, and then sent the video to several people. The second defendant forwarded it to a friend and sent it for one-time viewing in a WhatsApp group with 11 participants; the video later reached the internet, the media and the victims’ relatives.

The Impact on the Victims

The female victim reported difficulties in her daily life, fear of leaving home, abusive and threatening messages, and the severing of ties with her Haredi family. The male victim, who was engaged in business, described the loss of his sense of security at home, the humiliating disclosure of information to people close to him, and harm to his reputation and income. The court emphasized that, in the digital age, humiliating material spreads rapidly, and the resulting harm can become nearly irreversible.

Different Decisions Regarding the Two Defendants

The first defendant was sentenced to three and a half months of community service, a six-month suspended prison sentence and one year of supervision by the Probation Service. The court refused to vacate his conviction: he created the video and was the first to distribute it, and no concrete and unavoidable harm resulting from the conviction was proven. Both defendants admitted the facts under a procedural arrangement; neither had a criminal record, they underwent psychological treatment and received favorable reports from the Probation Service.

Why the Second Defendant’s Conviction Was Vacated

The court found that the second defendant committed sexual harassment, but vacated his conviction and imposed 400 hours of community service on him. The court took into account his more limited role: he did not film the couple, was not present at the scene and did not himself distribute the video across the internet. In addition, it was proven that a conviction could lead to the termination of his studies at a university in London, the revocation of his permit to stay in England and restrictions on his employment in the financial sector in the United Kingdom.

Compensation

Each defendant was ordered to pay the victims 50,000 shekels: 40,000 shekels to the woman and 10,000 shekels to the man. The total compensation amounted to 100,000 shekels.

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