Male College Student Kills Himself After Roomate Secretly Records And Broadcasts Student’s Sexual Encounter With A Man – C.P.C. § 647(J)(1), C.P.C. § 422.55(A)(6)
College students Molly Wei and Dharun Ravi, both 18, face criminal charges after Ravi allegedly recorded his Rutgers roommate Tyler Clementi, 18, in a sexual encounter with a man without Clementi’s consent. Clementi, apparently distraught after finding out afterward, killed himself by jumping off the George Washington Bridge.
Using Ravi’s laptop webcam, Ravi allegedly recorded a sexual encounter Clementi had with another male on September 19, 2010, in their dorm room. Ravi watched the encounter with Wei at her dorm room. Two days later, Ravi and Wei attempted to record and broadcast another planned sexual encounter involving Clement, but the encounter never occurred. Ravi published tweets about both the September 19 and the planned encounter on September 21.
After finding out about the recordings and the tweets, Clementi reported the incidents to his residential advisor. He may have requested that Ravi no longer be his roommate.
On September 22, bystanders reported that a person had jumped off the George Washington Bridge. Several of Clementi’s belongings, including his ID and his cell phone, were found near the bridge. On September 29, a drowned body was recovered from the Hudson River close to the George Washington Bridge. It was later identified as Clementi’s and, after investigation, officials ruled his death a suicide.
Wei and Ravi have been accused of invasion of privacy, which would be charged in California under Penal Code section 647(j)(3)(1). In addition, state prosecutors have indicated they may also charge them with committing a hate crime. (See e.g. Cal. Penal Code § 422.6.) Equality Forum, a lesbian and gay rights group, has urged the state prosecutor to charge Wei and Ravi with manslaughter, but the state prosecutor has expressed doubt that it could convict them since Clementi committed suicide. (See e.g. Cal. Penal Code § 192(b).)
Under California Penal Code section 647(j)(1), using a concealed video recorder to secretly tape a person in a place where he or she has a reasonable expectation of privacy with intent to invade that person’s privacy is a disorderly conduct misdemeanor punishable by fine and up to six months in jail.
Under California Penal Code section 422.55(a)(6), a hate crime is a criminal act committed in whole or in part because of one the victim’s characteristics, including his or her sexual orientation.
Under California Penal Code section 192(b), involuntary manslaughter is an unlawful killing of a human being that has been caused as a result of an unlawful act not amounting to a felony. Involuntary manslaughter is punishable by two, three, or four years in state prison. (Cal. Penal Code § 193(b).)
If you or someone you know has been accused of a sex crime or an invasion of privacy crime, you will need a competent Southern California criminal defense attorney who will aggressively defend you. At Wallin & Klarich, we have helped people accused of a variety of crimes, including sex crimes and disorderly conduct crimes. Call us today at (888) 280-6839. We will be there when you call.
