Hate charges possible in sex-video suicide case - Action News
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Hate charges possible in sex-video suicide case

Prosecutors in New Jersey are considering filing bias-crime charges against two first-year college students accused of streaming online video of a homosexual encounter of a classmate who later killed himself.

Students wear black in honour of classmate

Rutgers University students sign condolence cards on Friday in New Brunswick, N.J., for the family of fellow student Tyler Clementi, who committed suicide after his sexual encounter with a man was streamed online. ((Mel Evans/Associated Press) )

Prosecutors in New Jersey are considering filing bias-crime charges against two first-year college students accused of streaming online video of a homosexual encounter of a classmate who later killed himself.

The saga unfolded this week at Rutgers University in New Brunswick, N.J., and has become a flashpoint for debate after the revelation thatTyler Clementi, 18,jumped from a bridge on Sept. 22.

Tyler Clementi, left, hugs a fellow student during his 2010 graduation from Ridgewood High School in Ridgewood, N.J. ((Sam Fran Scavuzzo/Ridgewood Patch/Associated Press))

Clementi's roommate, Dharun Ravi and another student, Molly Wei, both 18, are charged with invasion of privacy, with the most serious charges carrying a penalty of up to five years in prison. The two allegedly used a webcam to secretly broadcast Clementi's dormitory-room sexual encounter with another man.

Middlesex County prosecutor Bruce J. Kaplan said Thursday that more charges were possible against Wei and Ravi under New Jersey's hate-crimes law.

"We will be making every effort to assess whether bias played a role in the incident, and, if so, we will bring appropriate charges," he said in a statement.

The legal question has to do with the motive. A person can be found guilty of a bias crime in New Jersey if the jury agreesthe accusedcommitted a crime because of a belief that the victim is a member of a protected group, such as a racial or sexual minority.

Ravi's lawyer has not responded to requests for comment. Messages left with an attorney believed to be representing Wei were not returned.

Web posting asks for advice

Leading up to the suicide, someone asked advice on a website catering to gay men about what to do after learning that a roommate secretly filmed a liaison.

Authorities suspect that post could have beenmade by Clementi,as it mirrors the same timeline as the alleged filming.

On Friday, Rutgers officials declined to comment on whether Clementi had ever complained about his treatment to staff members, told people he was being bullied or harassed, or asked for a transfer out of his dorm room.

University spokesman Greg Trevor said such requests were considered "part of a student's record" and not allowed to be publicly disclosed.

On Friday, Rutgers University students wore black to remember Clementi and were encouraged to leave flowers or mementoes at a makeshift memorial for him. The football team also planned a moment of silence before its game Saturday.

Friends defend suspects

High school friends of the suspects say they have no problem with gay people.

"He had gay friends," Derek Yan, 16, told The Associated Press. Yan said that he chatted online with Ravi about college life in recent weeks. "He said he was lucky to have a good roommate," Yan said. "He said his roommate was cool."

Jim McGreevey, the state's former governor who resigned after he announced he was a "gay American," said Friday he was "filled with great sadness" at Clementi's suicide.

"He was trying to find a community online, but at the same time basically being terrorized online, by roommates," he told ABC television.

Luanne Peterpaul, who has worked as a prosecutor and criminal defence lawyer and serves as the vice-chairwoman of the gay rights group Garden State Equality, said bias crimes can be hard to prove.

She said prosecutors should look at evidence including the Twitter messages Ravi may have used to alert friends to the alleged video. She said that there might be clues as to his intent.

Peterpaul said she believes that filming a man and a woman engaged in sex in a dorm room would not have had the same results.

"It's quite possible that maybe they would have videotaped an opposite-sex couple," she said. "But would there have been such a following?"