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Jury Decides Rutgers Dorm Spying Was a Hate Crime
Dharun Ravi at Superior Court in Middlesex County, N.J., as he listened to the verdict on Friday.
By KATE ZERNIKE
Published: March 16, 2012
NEW BRUNSWICK, N.J. — A former Rutgers University student was convicted on Friday on all 15 charges he had faced for using a webcam to spy on his roommate having sex with another man, a verdict poised to broaden the definition of hate crimes in an era when laws have not kept up with evolving technology.
Related
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Jury in Rutgers Spying Case Asks Judge for Clarification (March 15, 2012)
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Lawyers Give Final Presentations in Dorm Spying Case (March 14, 2012)
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Defendant Won’t Testify in Rutgers Case (March 13, 2012)
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Times Topics: Dharun Ravi | Tyler Clementi
Related in Opinion
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Room for Debate: The Fairness of Hate Crime Laws (March 7, 2012)
Readers’ Comments
Readers shared their thoughts on this article.
“It’s a watershed moment, because it says youth is not immunity,” said Marcellus A. McRae, a former federal prosecutor now in private practice.
The student, Dharun Ravi, had sent out Twitter and text messages encouraging others to watch. His roommate, Tyler Clementi, jumped to his death from the George Washington Bridge three days after the webcam viewing, three weeks into their freshman year in September 2010.
The case set off a debate about whether hate-crime statutes are the best way to deal with bullying. While Mr. Ravi was not charged with Mr. Clementi’s death, some legal experts argued that he was being punished for it, and that this would result only in ruining another young life. They, along with Mr. Ravi’s lawyers, had argued that the case was criminalizing simple boorish behavior.
But Bruce J. Kaplan, the prosecutor in Middlesex County, applauded the jury for sending a strong message against bias.
“They felt the pain of Tyler,” he said.
Mr. Ravi, 20, wearing a dark suit over his slight frame, sat expressionless as the jury forewoman read the verdict on the first count, of invasion of privacy. But he seemed surprised when she pronounced him guilty on the next charge, of bias intimidation. His eyes popped and he quickly turned his head from the jury. As he left the courtroom in a swarm of television cameras, his mother clutching his arm, he looked straight ahead and said nothing.
The jury also found him guilty of lying to investigators, trying to influence a witness and tampering with evidence after he tried to cover up Twitter and text messages inviting others to join in the viewing.
Some of the charges carry penalties of 5 to 10 years in prison. Mr. Ravi has surrendered his passport; prosecutors said he could face possible deportation to his native India, but that decision would be left to immigration officials. Judge Glenn Berman set sentencing for May 21.
The case was a rare one in which almost none of the facts were in dispute. Mr. Ravi’s lawyers agreed that he had set up a webcam on his computer, and had then gone into a friend’s room and viewed Mr. Clementi kissing a man he met a few weeks earlier on a Web site for gay men. He sent Twitter and text messages urging others to watch when Mr. Clementi invited the man again two nights later, then deleted messages after Mr. Clementi killed himself.
That account had been established by a long trail of electronic evidence — from Twitter feeds and cellphone records, dormitory surveillance cameras, dining hall swipe cards and a “net flow” analysis showing when and how computers in the dormitory connected.
What the jury had to decide, and what set off debate outside as well as inside the courtroom, was what Mr. Ravi and Mr. Clementi were thinking.
Had Mr. Ravi set up the webcam because he had a pretty good idea that he would see Mr. Clementi in an intimate moment? Had he targeted Mr. Clementi and the man he was with because they were gay? And had Mr. Clementi been in fear?
Without Mr. Clementi to speak for himself, that last question was perhaps the most difficult to determine, and jurors struggled with it.
“That was the hardest because you really can’t get into someone’s head,” said one, Bruno Ferreira, as he left the court. The jury deliberated longest — for well more than an hour, he said — on the bias intimidation charge.
Mr. Ferreira said he ultimately voted guilty on the bias intimidation charge because Mr. Ravi had sent multiple Twitter messages about Mr. Clementi.
“They were being done twice, not just one day,” he said.
Another juror, Kashad Leverett, himself a student and a Twitter user, said he could relate to Mr. Ravi’s constant stream of Twitter and text messages.
But the defense’s insistence that Mr. Ravi had set up the webcam because he was afraid Mr. Clementi’s visitor would steal something, he said, rang hollow.
“If I knew someone was going to steal something from me, I would definitely take it with me,” Mr. Leverett said, adding, “Just from the fact of the second incident, it seemed that it was intentional.”
The jury of seven women and five men deliberated for 13 hours over 3 days after 13 days of testimony.
Reflecting the difficulty of defining hate crimes, it had taken the judge more than an hour simply to instruct the jury on the questions they had to answer to reach a verdict.
The jury concluded that Mr. Ravi had not knowingly or purposely intimidated the men when he watched the first time, on Sept. 19, 2010.
But it found him guilty of the charge because Mr. Clementi “reasonably believed” he had been made a target because he was gay.
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William Glaberson and David M. Halbfinger contributed reporting from New York, and Nate Schweber from New Brunswick.
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One simple question:
Is it okay for a roommate to throw out another roommate, for whatever purpose, if both are on the lease?
What does Rutgers say about that?
In my college, you were not allowed to prohibit your roommate from accessing your room, or you would violate your lease and be forced to move off-campus. Rutgers is the main loser in this case, parents will avoid it like the plague:
- allowing a roommate to throw the other roommate out and forbid him from entering the room that he leased
- allowing strangers to enter the dorms without showing ID or any proof of business there
- being unresponsive to a domestic abuse/spying case
They should have moved TC's room IMMEDIATELY, period, whether or not this was a hate crime or whatever.
This is sad and tragic story all around. At the end of the day, we have two families destroyed, one dead teen, another guilty one. Ignorance and/or hate always lead to broken hearts, ruined lives, and destroyed families. My heart goes out to both the Clementi and the Ravi families. None of them will ever be the same again.
This may seem a bit harsh, and perhaps it is, but it is a reminder to everyone to respect one another. Don't do anything to anyone you would not want done to yourself. This is elementary good manners, something everyone should know by the time they get to college.
And above all, use all of this new technology with care. You can ruin someones life with a few mouse-clicks.
Right on, right on. And let this be a warning to college students everywhere who want to be treated as adults ... you must respect others if you expect the same. This behavior was outrageous and while he wasn't convicted in Clementi's death, it's likely that his actions played some role in the young man's despair that led him to jump off the bridge. To argue that this had nothing to do with his suicide is to be naive in the extreme. And to argue, as his attorneys did, that he had "little experience of homosexuality" and that the experience "scared him," is absurd. He grew up in the New York metro area. He's not some bumpkin from the sticks. This kid was as sophisticated as any modern American teen, and privileged enough to be extremely classist.
For those who say, "Oh, he's just a kid, this was only a prank," consider that if this had occurred in the "real" world, and not on a university campus, people would be calling for his head. The fact is, we infantilize college students--I speak from experience as a former faculty member at a major university--and pretend they're not really grown up, and don't expect them to behave like adults. When they break the law on campus--and they frequently do, in all sorts of ways--we don't hold them accountable. It is a benefit of the privilege that goes along with being able to afford to attend a major university that a student who breaks the law is given a slap on the wrist, while folks who aren't in the privileged classes go to jail.
This is a truly sad outcome: two young promising lives destroyed. I am sympathetic to both Ravi and Clementi. Like Ravi, we have all done stupid things in our youth without knowing the hurtful consequences. And when I was in my early 20s (over two decades ago), like Clementi, I was barely coming out, and something like a video of me making out would have been just the push I needed to take my life. My thoughts and prayers are with both families for understanding and forgiveness.
As grossly inappropriate as Ravi's actions were, I'm uneasy with the notion that an invasion of privacy somehow made Ravi responsible for every subsequent action that Clementi took. The sad fact of this case is that Clementi (who initially said himself that he wasn't particularly outraged by Ravi's actions, by the way) was both the victim and perpetrator of his suicide. I realize that Ravi wasn't on trial for murder, but the hundreds of comments I've read demanding that Ravi face life imprisonment or decades in jail imply that many people out there believe that someone who has been wronged can simply blame their subsequent actions on the person or people who wronged them. At the end of the day, I believe that in the vast majority of cases we are wholly responsible for what we do; Ravi should face the maximum sentence for invasion of privacy, and nothing more.
This case had nothing to do with violating the terms of a dormitory lease. Mr. Clementi did not "throw out" his roommate. He specifically asked for some privacy and Mr. Ravi agreed. Twice.
The prosecution proved beyond a reasonable doubt that Mr. Ravi agreed to Mr. Clementi's request specifically to invade his privacy and publicly humiliate him. Would Mr. Ravi have agreed to a similar request if he knew that his own intimate encounter would be viewed via webcam for the entertainment of Mr. Clementi and other students? I don't think so.
Mr. Ravi is clearly not stupid; he knew exactly what he was doing. He has no one else to blame for his behavior. HIs carefully crafted, malicious plan and cruel acts contributed to the suicide of a bright, talented young man. Mr. Ravi now faces the consequences to his illegal behavior. Perhaps he'll finally learn the value of personal privacy in a prison cell.
Two lives lost to the climate of intolerance in this country. The leaders in our country should understand the wild statements they make in the political forum bleeds into the consciousness of our youth-with disastrous results. Until we learn to respect and welcome people different from ourselves, violence to those we perceive as 'the others' will continue. My heart goes out to both families.
I am happy with the verdict though I think the punishment will be a mere hand slap. Nonetheless, maybe this decision will set a precedent. I am not concerned as to whether the decision will win the gay community any love but that it will help to alert the adverse-minded that they may not just do anything they please in regard to a person's privacy and right to live -- even if he or she happens to be gay.
However, I am deeply saddened that it took the death of a young man barely started out in life to do it. How many Matthew Shepards, Tyler Clementis, along with too many others to name by now, have to come down the pike and die before we get it?
I hope that, through all the pain of this case, that people walk away with two lessons learned: 1) hate is destructive for everyone involved, and 2) much like a nail gun, table saw, or car, the internet is both a wonderful and dangerous tool, and should be treated accordingly. The younger generations don't seem to see the danger in broadcasting to the world what used to be private conversations. Now we can see what happens when we disregard that power.
At the end of the case, everyone loses.
I have to wonder whether these charges would have been brought at all if Tyler Clemente hadn't taken his own life. If the answer is no, then the jury's verdict is indeed a perversion of justice. Ravi was essentially convicted of murder even though he wasn't technically charged with the crime.
While his actions were indeed abhorrent, they have to be viewed in context. He may have felt uncomfortable with a gay roommate, indeed may have disliked homosexual behavior intensely, but that in and of itself is not a crime. Anyone arguing it is, or should be, might want to pick up a copy of the Constitution and read over the first amendment. From what I've seen of the evidence, Ravi is guilty of being a boorish, misinformed and poorly raised college student. Does anyone really think that sending him to jail for 10 years will accomplish anything?
The underlying problem is that people, specifically boys, do not understand homophobia---which is not the fear of gays so much as it is the fear that one will be perceived as gay himself if he doesn't ridicule those around him who are gay or "seem" to be gay. These things need to addressed and taught in school if not at home, so boys and other homophobic people will understand what's really behind their feelings of fear, disgust, and hateful reactions to gays and lesbians.
What could have gone through his lawyer's mind? My memory is that Ravi was offered a plea bargain: no jail time, community service and the right to remain in the U.S., and he turned it down. Sure, a jury could look upon what he did as an innocent college prank gone wrong, but they could just as easily look at it as a hate crime. Wouldn't a lawyer facing this situation be obliged to insist his client accept the plea bargain, perhaps even refusing to represent the client if he chose to go on trial? Are there any lawyers reading this who want to comment on it?
I have to say, I am a little surprised by this verdict. The defendant certainly doesn't seem like a nice guy, but then again, he doesn't seem like a criminal either. (Perhaps for the tampering with witness and evidence charges.) I profoundly disapprove of spying on people and invading their privacy, but I just can't escape the feeling that there is some scapegoating going on with all the attention, especially media attention, this trial brought. As the article says "the case became a symbol of the struggles facing LGB teenagers..." and it seems like the issue became making an example out of this kid, even though the hate crime statutes are not up to speed in dealing with cyber bullying. The defendant is morally culpable, but of what precisely? Shouldn't this be a civil suit? All the emphasis on exactly what each person felt in determining the verdict makes me uncomfortable too-- it seems very fuzzy (not to mention totally speculative) and not the stuff of which solid legal judgments are made.
My guess is that Ravi is much like many men at his age. Homosexuality is misunderstood, and society teaches lack of respect for those who are homosexual. Political rhetoric (Rick Santorum comes to mind), religious bombastics and mistreatment of homosexuals from the Catholic pulpit, and sadly the derision and joking about "gays" that is allowed in many homes contributes to the misunderstanding and lack of respect. Ravi is guilty and so is our culture.
This is a sad day. These prosecutors are out for blood to justify their own existence. I could see a civil suit relating to this case but this is a prank and a subversion of the law for political purposes. I'm pro-gay but we shouldn't be using the criminal justice system to try to stop inappropriate behavior or bullying. This case would not have been brought if there was no suicide yet the charges have nothing to do with the fact that the young man died. Disgraceful and it will be overturned on appeal. Now they've just ruined another young person's life. Good job prosecutors.
I would say that if Mr. Ravi is guilty of hate-crime-worthy bias against gays then so are 85% of the heterosexual men in this country.
Admittedly, my path through life has involved high school sports, 3 years in the military and a childhood in New Jersey (perhaps more macho environments than average, though not entirely unrepresentative) but, being frank, Mr. Ravi's attention-seeking, derisive bemusement and playful disgust upon discovering that his roommate was gay was pretty much par for the 20-year-old hetero male course.
Please don't think I am condoning the superior, mean-spirited attitude toward homosexuals that Mr. Ravi displayed. What I am saying is that, if the question is: "is Mr. Ravi particularly biased against gays?" then the answer would be: 'absolutely not, his attitude is typical for a male in his age bracket.'
He violated his roommate's privacy in a base fashion and should be punished for that aspect of his behavior. But to hold this young man to a higher standard than nearly everyone in his gender/age group and to label him a 'hate criminal' is unfair.
I'm 28 now and have matured in my views, but I'm honest enough to admit that when I was 19, if I had gotten a gay roommate you'd better believe I'd have been joking about it with my friends in an unkind way -- like any guy I know would have. I guess we were all 'potential hate criminals' and didn't know it....
This whole situation is sad. Did Mr Ravi really hate gays or was he like many of the guys I knew from high school, who were ignorant, young, and had an inexperienced world-view because of the community they grew up in, but who matured into perfectly respectful, responsible men?
Are these convictions going to help Mr Ravi think of homosexuality with less negativity? If not, then he's no better off now than he was before. And unfortunately, neither is Tyler Clementi.
I feel like Dharun's immaturity will only be replaced by bitterness. The goal shouldn't be to scare people into not bullying but to encourage compassion and respect at a younger age.
The prosecution had allegedly offered no jail time and 600 hours of community service and counseling in exchange for a plea, as well as help with a potenial immigaration problem. Inexpliquably, he was advised to turn the offer down by whom we don't know, but we do know he was too young to make such a decision by himself.
This is where our criminal justice system fails us, because it is almost all about procedure and little about just result. What Mr. Ravi did was afwul and thoughtless, or awful and intentional (thoughtful) as the jury found, but do we really think he hasn't learned his lesson? Do we think society will benefit by locking him up? Will we feel somehow safer?
Mr. Ravi apprears somewhat impulsive, a member of a generation constanly connected, which leaves them little room for forethought or afterthoughbut, and the latter only if there are repucussions (good or bad). Mr. Ravi is a child who could not have made a measured decision by himself about something as important as his liberty. He had bad advice, which apparently included the advice to not send his regrets to the Clemente family.
Triple his community service. Make him visit Mr. Clemente's grave. He played a part, at least in the timing, of his death.
This verdict is simply an extension of our increasing criminalization of the immature behavior of teenagers... TEENAGERS. The very word shouts immaturity. And we take these same teenagers, throw them together in an unsupervised living arrangement expecting them to sort out what they are supposed to do. Was what Ravi did wrong? Absolutely. Does it rise to the level of a crime? Are you kidding me?
It should have been handled by the dean of students, not the prosecutors office.
Let's hope the judge exercises some judgement in sentencing. Clearly the prosecutor grand jury and jury have not.
The results of this case should remain the same, regardless of the sexuality of the victim. We have seen cyberbullying happen to all groups. The fact remains is that cyberbullying is growing as we become more technologically advanced and as such, rules need to be enforced or created when someone uses technology to invade another's privacy or cause them harm. From sexting to recording someone having intimate moments without their consent, these actions have consequences. Mr. Ravi made Mr. Clementi's private life his public playground. What was happening behind closed doors was meant to be private and yet, Mr. Ravi, chose not to respect his rights. Tampering with evidence to cover his tracks just reinforced that he knew what he did possibly caused Mr. Clementi to take the actions he took. I agree with the verdict and if prosecution pushes for deportation, it isn't our society or the system that failed Mr. Ravi. He failed as a conscious human being.
I am a 69 y/o gay male, believe this young man should pay for what he has done, but I do not believe he should go to jail or be deported. His "sentence" would serve more purpose if he was ordered to provide education to others, to promote understanding and tolerance. He is very young, acted foolishly, likely wanted to impress and entertain his friends, and yes, he was insensitive, but negativism regarding what to do about his behavior just promotes more negativism. Let the message become a positive one. The conditions of his rejected plea bargain seem to me the appropriate course to take.
There are too many comments asserting the "boys will be boys" mentality. That somehow it is ok to "pull pranks" and the Mr. Ravi is the scapegoat here. The time for this atttude must en and only until boys like Mr. Ravi see punishment will all marginilized citizens (including racial and religious minorities as well as women) begin to feel safe and have the same opportunites that these "boys" grow up with as a given. I am sick of this attitude and am happy to see Mr. Ravi punished. Tyler's death is a tragic outcome to Mr. Ravi's behavior, however I feel that actions like Mr. Ravi's need to be dealt with more frequently to help marginilized citizens feel safe and able to be free and be themselves; a hallmark of our great nation.
But he wasn't joking! He was agressively invading his roommate's privacy with the goal of humiliating him. That's the diffence, that's why it's criminal and that's why the defendant's peers found him guilty.
It's the actions, and yes, the end result of a young man's death, that set this case apart from average 20-year-old foolishness.
Dharun Ravi was not punished for his thoughts, but for his acts.
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