Though Tyler Clementi's suicide was not supposed to be part of the invasion of privacy case against Dharun Ravi, it hung heavily over the proceedings.
Former Rutgers student Dharun Ravi was sentenced Monday for using a webcam to spy on his college roommate Tyler Clementi’s gay tryst. Ravi was found guilty in March of invasion of privacy, bias intimidation (a hate crime), and tampering with evidence, and could have faced up to 10 years in prison. Judge Glenn Berman instead sentenced him to 30 days in jail, 300 hours of community service, sensitivity courses on cyberbulling and ‘alternative life styles,’ and three years of probation, and ordered that he give $10,000 to a community organization that helps victims of bias crimes.
Members of the Clementi and Ravi families addressed the court before the sentence was issued. Ravi’s lawyer and father both begged the judge to disassociate Ravi’s invasion of Clementi’s privacy from Clementi’s suicide a few days later.
“This isn’t a simple invasion of privacy case,†said Ravi’s lawyer, who complained of the intense media attention paid to the trial. “It’s being treated like a murder case.â€
The judge’s sentence indicates that he agreed with Ravi’s defenders, and seems to be a recognition of the fact that this case would likely not have wound up in a criminal court if Tyler Clementi were still alive today.
“I do not believe [Dharun Ravi] hated Tyler Clementi,†said Judge Berman before announcing the sentence. “But I do believe he acted out of colossal insensitivity.â€
The judge expressed dismay that Ravi never testified, nor addressed the court at any length. He pointed out that a pre-sentencing letter Ravi authored contained an apology to Clementi’s family, but not to M.B., the man who Clementi had to his room, and whose privacy was also invaded. But the judge primarily seemed concerned by Ravi’s attempt to “corrupt the justice system,†by tampering with evidence and witnesses. Ravi had deleted public tweets (in which he talked about streaming Clementi’s sexual encounter, tweets that Clementi saw), deleted 86 text messages, lied to police investigators, and attempted to influence other witnesses, including Molly Wei, from whose bedroom he activated his webcam.
The judge is including in his sentence a recommendation that Ravi, an Indian citizen who came to the United States when he was 5, not be deported. However, he warned that it wasn’t his final decision to make, and that if Ravi violates his probation, deportation is likely.
As to the webcam spying itself, the judge seemed to indicate that these types of crimes may be better addressed outside of the criminal system given the decision to punish Ravi with a relatively light incarceration but a fairly large fine.
“In opening statements, [the prosecutor] described your conduct as mean-spirited, malicious and criminal,†said Judge Berman, addressing Ravi. “[The defense attorney] described it as juvenile and prankish. If anyone is wondering why two competent attorneys disagree, it’s incredibly simple: It depends on which side of the camera you’re on.â€
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