New Jersey officials are dealing with a tragic suicide of a freshman from Rutgers University after Tyler Clementi was allegedly filmed illegally in a sexual encounter by fellow freshman students Dharun Ravi, 18, and Molly Wei, 18. In an example of the merging of tort and criminal law, the two students have been criminally charged with invasion of privacy.
Ravi and Wei are accused of placing a camera in the Clementi’s dorm room during a sexual encounter with another male. If true, it was an incredibly vicious act followed by releasing the images on the Internet.
In addition to the criminal privacy violation, Ravi is charged with two more counts of invasion of privacy for trying to use the hidden camera to view the same student during another sexual encounter just three days later in September.
Ravi is accused of streaming the first encounter on the Web and then promising another such live feed two days later.
It was too much for this young man. In his final Facebook entry, Clementi simply wrote “Jumping off the gw bridge sorry.” He committed suicide just 72 hours after the story ran in the media.
These cases are commonly address in Torts under privacy actions, including the public disclosure of private embarrassing facts and intrusion upon seclusion. There is also intentional infliction of emotional distress. This is not a rare occurrence in tort. It is unfortunately all too common for such tapes to surface on the Internet or around universities after a couple breaks up. The result is usually a tort lawsuit as opposed to criminal charges.
However, some states have criminalized privacy violations. This case would clearly support the argument for a counterpart criminal code provisions, particularly after the victim took his life. Here is the New Jersey law:
2C:14-9. Invasion of privacy, degree of crime; defenses, privileges
1. a. An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person’s consent and under circumstances in which a reasonable person would not expect to be observed.b. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person’s consent and under circumstances in which a reasonable person would not expect to be observed.
c. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure. For purposes of this subsection, “disclose” means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.
The law has only two affirmative defenses:
It is an affirmative defense to a crime under this section that:
(1) the actor posted or otherwise provided prior notice to the person of the actor’s intent to engage in the conduct specified in subsection a., b., or c., and
(2) the actor acted with a lawful purpose.
If convicted, Ravi and Wei face up to five years in jail. They could obviously also face tort liability. Indeed, I would recommend such a lawsuit in this type of case where the students are unlikely to spend more than a couple years. If proven, a civil judgment could force the students to continue to garnish their wages and send monthly amounts for many years to come — a constant reminder of the harm that they caused in this alleged senseless act.
Source: New York Daily News
Jonathan Turley
Ravi and Wei are despicable excuses for human beings.
Too bad this cannot be classified as a sex crime so that when they are convicted, they would have to register as sex offenders! That will teach them a lesson!!
Ravi and Wei are now, themselves, fodder for every camera anywhere near them …
Exactly why are they not charged with a sex crime?
We all know that software can take red eye reflections out. Why couldn’t it detect the image of a penis? Couldn’t the browsers somehow license websites including medical information and somehow not show other images of penises? Maybe the owners or the colleges could opt in to the Internet without penis images except in medical contexts….
Intentional infliction of emotional distress by extreme and outrageous conduct seems a viable cause of action to me. Conduct “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.” Restatement (Second) of Torts section 46 cmt. d (1965) I think this fits the situation. This is likely unbankruptable assuming a civil judgment is rendered.
Mespo,
How is this not a sex crime? Does it have something to do with the Criminal Code of the State? Doesn’t it fall into the realm of porn?
Porn’s legal unless the subjects were minors. Hence it’s not a “sex crime.”
Also, given the huge number of- and apparent popularity of various “hidden camera” and “leaked sex tape” websites, I’m not sure that this could any longer be considered conduct “so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community.”
Modern society certainly seems to tolerate it and even financial support it.
Then there’s the issue of whether or not the kid suicided over the release of the videos or over the media exposure the coverage of the original charges created.
This could get even more interesting if considered to be a hate crime. That’s federal rap, yes?
jonolan,
Ok … I guess, but don’t we all have an expectation of privacy not to have our sex acts made public no matter what the venue? (I’m not, of course, talking about illegal sex acts and law enforcement, court, etc)
I realize I’m exhibiting an ignorance of the law or perhaps a naivety but it’s hard to believe that the filming of a sex act without the permission of the person being filmed and then publicizing said film of sexual activity is not a sex crime in some form.
Blouise:
Not sure it meets any standard interpretation of a “sex crime.” It is a criminal invasion of privacy, but I see no lewd or lasivious intent from the facts revealed in the posting — only basic human indecency.
This has been on the news here in the metro area mostly all day. And it came on the heels of this sad affair also,so much promise in both cases.
“Seton Hall honor student Jessica Moore, 19, was killed in the attack, police said. Two female Seton Hall students and two male partygoers were also hit by gunfire.”
http://www.nj.com/news/index.ssf/2010/09/suspected_shooter_was_turned_a.html
I could not imagine being the parent in either one of these situations,and getting that phone call.So sad.
Mespo,
Thanks … and to jonolan also.
FYI:
Study finds rural New Jersey has state’s highest suicide rates
http://www.nj.com/news/index.ssf/2008/09/study_finds_rural_new_jersey_h.html
Taken from above article,which was published in 08:
“People have a misconception,” she said. “Most people who do complete the act, they really don’t want to do it — they do it against their will. It is a breakdown of the emotional immune system. They don’t know how else to stop the pain. The pain is so intense, the only light at the end of the tunnel is taking your own life.”
Because this is close and personal I will reserve any and all comments….
Why isn’t their act involuntary manslaughter? I’m not a lawyer so maybe it’s obvious to those that know law, but they caused a death even if that were not their intention. What a terrible, mean thing to do. What a total lack of humanity.
“…but they caused a death even if that were not their intention….”
—————–
what was their intention?
when a drunk driver wipes out a family with kids in tow…is it intention that makes the difference? Age? Connections?
I don’t know, when laws become so complicated they can no longer be understood or implemented…I think we’ve advanced beyond ‘ignorance of the law is no excuse’ to new territory…which is actually pretty old territory….
Slarti,
Your old stomping grounds has made it to 48 Hours on the ID Channel……
I would ask why these 2 violated the individual rights of that young man? Why they thought it was OK to violate him like that, what did they learn in their homes and schools that would eliminate natural boundaries to that point?
This is a symptom of a larger problem in our society. But then I suppose this is the logical outcome when there is no standard of value and any thing goes.
Hopefully his friends will give these 2 the “beat down” they so richly deserve. They are punks, their parents must be really very proud.
byron
http://en.wikipedia.org/wiki/Confirmation_bias
Pete:
I guess everyone has some of that. So you are saying they were brought up like that?
Or are you telling me I am wrong?
I have thought about this particular case all night and, given the learned explanation offered on this thread, have decided that this particular situation stands out as a very good example of how the Law has not caught up to technology. In my opinion there is a sexual predator aspect to this case that remains in limbo because the law is inadequate to the circumstances.
In my view, there should be more charges. For example, prosecutors should add reckless endangerment to the charges. Two years is not enough for this crime. I also feel that if these “students” should experience incarceration, it endangers their life. So many that engaged in these types of criminality suffer prison justice. Both students should receive psychiatric intervention now. This will reduce the clinical costs later. They are clearly insane—I do not mean insanity to the extent it excuses behavior. I mean, to engage in such sadistic acts and derive pleasure from it is clearly pathological. The administration at Rutgers should immediately initiate teach-ins and reevaluate diversity requirements. In addition, it might be a good idea to include diversity workshops during freshmen student orientation. Part of these workshops should include an anti-suicide campaign. In short, it should tell students where to go should they experience emotional trauma; it should stress that they should not consider suicide under any circumstances. I am beginning to fall apart. I cannot go on. Thank you for the thread. In addition, thank you Professor Turley and New York Daily News.
Anthony
I knew this unfortunate incident reminded me of something else but I could’t put my finger on it till now.
This was a topic on the 28th 0f September.
“Nicholas Marsh, a Justice Department prosecutor who was under investigation for his role in the botched prosecution of former U.S. Sen. Ted Stevens (R-Alaska), has committed suicide. It is a sad end to a promising career for Marsh who was removed by the Public Integrity Section after the investigation was commenced at Justice”
Sad.
Byron
no, i’m just saying that we all see things from our own perspectives or biases.
“But when he walked out over the Hudson River on September 22, with cars and trucks blaring beside him and the dark water 200 feet below, Mr. Clementi was alone. At 8:42 p.m., he posted a Facebook status update as tragic as anything in all of opera: “Jumping off the gw bridge sorry.”
He left his wallet on the sidewalk. Then came the rush of wind, a final, sorrowful arc of sound that only he could hear”
http://chronicle.com/article/article-content/124760/
Being that this happened here it is really a cloud here in Jersey,So sad.
There seems to be more going on out there than we realize:
Raymond Chase Commits Suicide, Fifth Gay Youth To Take Life In Three Weeks
First Posted: 10- 1-10 01:11 PM | Updated: 10- 1-10 03:01 PM
http://www.huffingtonpost.com/2010/10/01/raymond-chase-suicide_n_746989.html
Posted: 7:20 a.m. Oct. 1, 2010 | Updated: 5:19 p.m. Oct. 1, 2010
Michigan assistant AG Andrew Shirvell takes leave after antigay blog
It’s personal leave of absence, not suspension, Cox spokeswoman says
Read more: Michigan assistant AG Andrew Shirvell takes leave after antigay blog | freep.com | Detroit Free Press http://www.freep.com/article/20101001/NEWS15/101001018/Michigan-assistant-AG-Andrew-Shirvell-takes-leave-after-antigay-blog#ixzz11D4ERVkB
Assistant AG with antigay blog appeals order to keep off U-M campus
Full story: Detroit Free Press
Michigan Assistant Attorney General Andrew Shirvell has been banned from the University of Michigan campus, and the student leader he’s been attacking via a blog has filed a personal protection order against him.
http://www.topix.com/us-governors/jennifer-granholm/2010/09/assistant-ag-with-antigay-blog-appeals-order-to-keep-off-u-m-campus
Fucker outta lose his license to practice or should be reassigned to represent the Department of Civil Rights….
I read reports that since gays do not have civil liberties in his state that they cannot charge them for a civil rights violation…
AY:
From your above post.
“He’s clearly a bully. Absolutely. And is he using the Internet to be a bully? Yes,” Cox said. “But is that protected under the First Amendment of the United States Constitution? Yes.”
This bullying is creating national attention to whats going on in our schools,they have programs teaching the kids about this and it is also driving some of our kids over the edge.
eniobob,
The University of Michigan has banned him from Campus…the AG is also charged withe representing the State Schools if a criminal act complained of occurs on campus…..So could we have a conflict of interest…FYI I am fully Hetro…..I have no problem with race, religion, sexual orientation yada yada until it infringes on my right of peace…..then I take offense…..I realize that many people have many different opinions….Justa agree to disagree….
But intentional infliction of emotional distress is not a crime right? I am totally convinced that Kevin Bennett, Jane Bennett, Randall Klauser, James Garrecht, The Steamboat Pilot etc have been trying to get me to commit suicide for 10 years and I can’t even get them to back off of their assertion that I molested Jane Bennett using my super powers from 30 feet away.
Only in new jersey could the criminal justice system be so outrageous.
These people should not get 5 years they should get 25 years.
They are responsible for someone killing themselves. And well regardless of if they did the killing, their actions led to the death of this kid by him deciding to take his life because of everything they did to torment him.
That should count as aggrevated manslaughter. they should get at least 15-20 years each for manslaughter, and an additoonal 5-10 for the other charges. They should spend a long time in prison for what they did.
No one deserves this.
Maybe this will finally wake more people up to the hate crimes and people will stop harassing people because they are gay or different. this is crazy it is still happening in this day and age.
its time to stop the hate people and come together as a country.
@Jonolan I know I’m way late and you’ll likely never see this. But, just about 100% of those “hidden” camera videos on porn sites are staged fakes made to fulfill a fetish.
As far as amature uploads to youporn or something, there could be something to it but those would most likely be illegal.
I worked in a porno shop for a few years and got to know some industry people.