A thorough and excellent analysis of hate crimes has shown that gays remain the most targeted minority group suffering these atrocious attacks.
The thought-provoking report, compiled and written by Mark Potok, appears in the SPLC Intelligence Report. The results were startling to me, considering the apparent improved societal stance regarding the LGBT community, including the resent lifting of the military's overtly discriminatory "Don't Ask, Don't Tell" policy, and some legalization of same-sex marriages.
Potok suggests, quite logically, that the deep seated anger barely held in check within some hard-core anti-gays has bubbled over into sudden violence partly because of these general improvements in LBGT rights.
The column appears below in its entirety, or read it directly at the website.
Gays Remain the Minority Most Targeted by Hate Crimes
By Mark Potok, SPLC Intelligence Report
Posted on Dec. 31, 2010, Printed on Jan. 4, 2011
The religious anti-gay right has been knocked back on its heels by gay rights advances. But its hardest core angrily presses on.
Four teenagers commit suicide in a three-week span after being bullied, taunted or outed as homosexuals. Seven students — at least four of whom had endured anti-gay bullying — kill themselves over the course of a year in a single Minnesota school district. In New York, 10 suspects are arrested for torturing three gay victims. In Covington, Ky., a series of violent anti-gay attacks shock a trendy neighborhood. In Vonore, Tenn., a lesbian couple’s home, its garage spray-painted with “Queers,” is burned to the ground. A rash of attacks hits Washington, D.C. And in Michigan, a prosecutor harasses a local gay rights student leader for months.
All of this is only a sampling of the anti-gay attacks occurring around the nation, most of it drawn from just the last few months. Although the rash of student suicides drew major media attention for a few days, the reality, gay rights advocates say, is that the LGBT world has been plagued by hate violence for years.
But that’s not the way a hard core of the anti-gay religious right sees it.
Responding to the wave of teen suicides — including, most dramatically, that of 18-year-old Tyler Clementi, a Rutgers University student who leaped off the George Washington Bridge in New York City in September — anti-gay leaders instead blamed those who sought to protect students from bullying.
Bryan Fischer of the American Family Association said gay rights activists “pressure these students to declare a disordered sexual preference when they’re too young to know better, [so] they share some culpability.” Family Research Council President Tony Perkins, a key critic of anti-bullying programs, said gay activists were “exploiting these tragedies to push their agenda.” He said that gay kids may know “intuitively” that their desires are “abnormal” and that the claim, pushed by gay activists, that they can’t change “may create a sense of despair that can lead to suicide.” Matt Barber of Liberty Counsel said those activists want “to use the tragedies to increase pressure on the real victims: Christians.”
In fact, the chief target of these anti-gay ideologues — the Gay, Lesbian and Straight Education Network (GLSEN) — has been working to get protection from school bullying for a wide range of racial, religious and sexual minorities, not only LGBT students. It’s extremely hard to see how their efforts are exploitative, or how the “real” victims of bullying are Christians. GLSEN’s mission statement says that it “strives to assure that each member of every school community is valued.”
What’s more, bullying is only the beginning of the violence experienced by gays in American society. The reality is that homosexuals or perceived homosexuals are by far the group most targeted in America for violent hate crimes, according to an Intelligence Report analysis of 14 years of federal hate crime data. The bottom line: Gay people are more than twice as likely to be attacked in a violent hate crime as Jews or blacks; more than four times as likely as Muslims; and 14 times as likely as Latinos.
A Changing Landscape
Remarkably, most Americans today seem to have a sense of the violence that the LGBT community is regularly subjected to, or in any event are increasingly rejecting extreme religious-right narratives about the alleged evils of homosexuality. An October poll by the nonpartisan Public Religion Research Institute found that 65% of Americans believe “places of worship contribute to higher rates of suicide among gay and lesbian youth” (33% said “a lot” and 32% said “a little”). Seventy-two percent said places of worship “contribute to negative views of gay and lesbian people” (40% said “a lot” and 32% said “a little”). (At the same time, the survey found that 44% of Americans still view same-sex relations as a sin.)
This was not always so. In 2003, the legalization of same-sex marriage in most of Canada, plus the U.S. Supreme Court’s striking down of anti-gay sodomy laws in 13 states and a court decision in Massachusetts against gay marriage bans, produced a major backlash. By 2008, fueled by the anti-gay rhetoric and political organizing of religious-right groups, at least 40 states and the federal government had adopted constitutional bans or laws against same-sex marriages.
Since then, the record has been mixed. But it’s clear that public support for same-sex marriage — and opposition to its religious opponents — is on the rise.
Five states now allow same-sex marriage, and another three recognize such unions from other states. California allowed them for some months in 2008, but the Proposition 8 referendum ended that — until a federal judge this fall overturned the proposition, saying it discriminated unconstitutionally against homosexuals. A 2006 federal bill that would have prohibited states from recognizing same-sex marriage failed. By this August, according to a Roper poll, a majority of Americans supported same-sex marriage for the first time. The poll found that 52% said the federal government should recognize such marriages (up from 46% in 2009), and 58% said same-sex couples should be entitled to the same benefits as other couples.
An earlier Gallup poll, released in May 2010, had similar results. It found that Americans now see gay relationships as “morally acceptable” by a 52% to 43% margin — compared to a 55% to 38% unfavorable view just eight years earlier. Every demographic group within the data set grew more accepting — Catholics, for instance, polled as 62% favorable, compared to 46% four years ago.
This fall’s mid-term elections were the first since the 1990s with no measures to ban gay marriage on any state ballot, according to The Associated Press. And although same-sex marriage was an issue at press time in four gubernatorial races, the AP reported, Democratic candidates in Rhode Island and California were vying to become the fourth and fifth openly gay members of Congress.
“We’ve reached a tipping point this year,” said Wayne Besen, founder of TruthWinsOut.com, which monitors the anti-gay right. “The religious right is losing some of its steam. We’re going to win this issue quicker than people think.”
It may not be only gay rights advocates who think so. Last February, after founder James Dobson retired and pastor Jim Daly took over, Focus on the Family — for years, the powerhouse organization of the anti-gay religious right — markedly softened its anti-gay rhetoric. Daly began meeting with gay rights activists, ended the ministry’s controversial “reparative therapy” for gays and lesbians, and even suggested that legalized same-sex marriage might not be a disaster.
“I will continue to defend traditional marriage, but I’m not going to demean human beings for the process,” Daly told an interviewer. “I want to express respect for everyone, all human beings. It’s not about being highly confrontational.”
Digging In
It is in just such situations — when long-held societal notions about blacks, Latinos, Catholics, homosexuals or other minorities are shifting — that violent backlashes often set in. As groups like Focus on the Family have moderated their positions on homosexuality, a hard core of anti-gay groups, sensing they are being politically marginalized, seem to be growing angrier and more radical still.
The reaction of Laurie Higgins of the Illinois Family Institute, may be illustrative. Upon hearing of Daly’s moves, she said the Focus on the Family leader was showing “surprising naïveté,” adding that he instead “better figure out how to stop the pro-homosexual juggernaut.” As to his comments about refusing to “demean human beings,” Higgins said, “The language employed by Mr. Daly here is the kind of language commonly employed by … homosexualists.”
“True conservatives,” Higgins added tartly elsewhere, “need to rethink their cowardly refusal to address the inherent immorality of homosexual practice and their deeply flawed strategy of calling for a moratorium on ‘social issues.’”
A leading criminologist and sociologist of hate crimes, Jack Levin of Northeastern University, sees evidence of the growing radicalization of the fringe in other ways. He says perpetrators of anti-gay hate crimes appear to be getting older. No longer are they dominated by teens engaging in thrill-seeking with predatory gangs of their peers. More and more, he says, lone adults are committing what Levin calls “defensive hate crimes” — crimes carried out in reaction to sweeping social changes that they see as threats to their home, family, religion, culture or country.
The shrinking size of the most virulent parts of the anti-gay religious right was much in evidence at the August “Truth Academy” staged outside Chicago by Peter LaBarbera and his Americans for Truth About Homosexuality. The three-day gathering immediately followed what to many anti-gay activists was a kind of nuclear disaster — the overturning by a federal appeals court judge of Proposition 8, which had temporarily ended gay marriage in California.
And what better motivator than a “homosexual judge” canceling out some 7 million votes against same-sex marriage? But that turned out not to be the case. Subtracting speakers, family members, volunteers and at least four interlopers who attended only to monitor events, the tally of those who paid to hear LaBarbera and the others speak during the first day was almost certainly fewer than 15.
Nevertheless, for many hard-liners, fighting homosexuality is a biblical imperative. They regard being forced to accept uncloseted gays as tantamount to being persecuted as Christians. If same-sex marriage becomes universally legal, the Family Research Council’s Perkins told the “Call to Conscience” rally held in Washington, D.C., on Sept. 4, “In one generation, we will have gone from banning the Bible in public schools to banning religious beliefs in society.”
As a result, the hard core of the anti-gay religious right is digging in. They have gravitated toward three particular tactics: “love the sinner” rhetoric; secular validation; and depicting gays as a global threat.
The Hard-Liners’ New Lines
Not long ago, anti-gay propaganda was remarkable for its vulgar and wild-eyed tone — depicting homosexuals as immoral, feces-eating, disease-ridden pedophiles. And some of that tone, particularly the idea that gays seek to “recruit” children in school, remains in certain quarters. But that kind of approach doesn’t resonate much with younger audiences, who grew up with positive images of openly gay actors, musicians, artists, politicians and business leaders. As gays came out of the closet, others increasingly found they had gay friends and relatives.
Now, more and more groups on the religious right are framing their arguments with words that are meant to show respect for gays and lesbians. There is no better example of that than the Manhattan Declaration, drafted in 2009 by Watergate conspirator-turned-evangelist Charles Colson, Princeton University professor Robert P. George and Beeson Divinity School Dean Rev. Timothy George.
The declaration framed opposition to same-sex marriage as part of seeking an end to the “glamorizing” of promiscuity and infidelity generally. It emphasized that “our rejection of sin, though resolute, must never become the rejection of sinners.” It conceded that “there are sincere people who disagree with us … on questions of sexual morality and the nature of marriage.” “And so,” it concluded, “it is out of love (not ‘animus’) and prudent concern for the common good (not ‘prejudice’), that we pledge to labor ceaselessly to preserve the legal definition of marriage.”
That kinder, gentler language drew the support of many, but not as many as the religious right was used to getting. After setting a goal of obtaining 1 million signatures within 10 days of its Nov. 20, 2009, release, organizers said this Aug. 3 — almost nine months later — that they had amassed 463,000 signatures.
Another emphasis has been in seeking secular validation for anti-gay arguments — scientific evidence of the alleged pitfalls of homosexuality. Many on the religious anti-gay right now frame their arguments almost entirely around the idea that homosexuals present various dangers to children, that they will live short and unhappy lives, that they are more vulnerable to disease, and so on.
The clearest statement of this may have come in late 2008 from Paul Cameron of the Family Research Institute: “We can no longer rely — as almost all pro-family organizations do today — on gleaning scientific ‘bits’ from those in liberal academia… . [W]e must subvert the academy by doing original, honest research ourselves and use this to advance the historic Christian faith.”
There’s just one trouble with this approach. Almost all the “facts” trotted out by the religious right about gays turn out to be false or misleading. And no one does more to create these myths than Cameron, whose work has been repudiated by three scholarly associations. (Others who are commonly cited as “researchers” by the anti-gay right include Joe Dallas, John R. Diggs, Joseph Nicolosi and the late Charles Socarides.) In addition, many scholars who do serious work in the area of sexuality say their work is misused by anti-gay groups. In fact, at least 11 legitimate scientists have recorded video statements saying their work was being mischaracterized by the religious right.
Related to this effort has been the creation of “ex-gay” therapies — programs run by the religious right that claim, against the weight of scientific evidence, to be able to turn homosexuals into heterosexuals. The problem is that so few people seem to have made the change — and so many who supposedly did later repudiated it.
A final new emphasis being used by many of the hard-core anti-gay groups is the charge that homosexuals make up, in effect, an active conspiracy whose agenda includes the destruction of Christianity and, ultimately, Western civilization. Sometimes, their propaganda sounds noticeably like Nazi descriptions of Jewish plots.
In a Feb. 6 column headlined “The bitter fruit of decriminalizing homosexual behavior,” for example, the American Family Association’s Bryan Fischer paraphrased another writer, agreeing that decriminalizing homosexuality had left society facing “a powerful, vicious, and punitive homosexual cabal that is determined to overthrow completely what remains of Judeo-Christian standards of sexual morality in the West.” Fischer adds that, “as [the writer] points out,” gays have received “special protections … which come at the expense of religious liberty, freedom of conscience, freedom of speech and freedom of association and lead to the punishment, intimidation and harassment of any who oppose their agenda.”
For his part, reflecting on “the rise of gay power in the culture,” Americans for Truth About Homosexuality’s LaBarbera sounded a similar theme during a radio broadcast last summer, saying, “The homosexual activist movement has very strategically insinuated itself into every sphere of power in our society.”
And at the Chicago-area Truth Academy, Robert Knight of Coral Ridge Ministries cited a 2008 Time magazine article that he said “makes the case that the Democratic Party is a fully owned subsidiary of a group of homosexual billionaires.” (In fact, the article discussed a group of wealthy gay men and their effect on pro-gay politics.) Knight then went a few steps further, saying that homosexuals in the nation’s capital have “blackmail power.”
How is that? So many gays work in the hospitality industry, Knight claimed, that “they see congressmen dallying with their secretaries. They see them with their mistresses, and they let them know if they step out of line on the gay issue, it just might find its way into the wrong hands.” He offered no evidence.
“The gay Mafia in Washington,” he concluded. “It’s very real.”
Facing the Future
In the end, many legal observers have suggested, same-sex marriage — or “marriage equality,” in the words of its backers — may well be legalized across the United States, whether through the actions of the courts or the legislatures. But that doesn’t mean that the hard core of religious resistance is about to disappear.
Frederick Clarkson, an independent journalist who has written about the American religious right for a quarter of a century, notes that the social conflicts set off by Roe v. Wade and Brown v. Board of Education continued for decades after the Supreme Court ruled. Moderating public attitudes toward homosexuality, he says, are viewed by the religious right as “symptoms of a society that has fallen away from God’s laws, seriously enough that God is ready to smack the country down.”
After all, to the hard core of that anti-gay religious right, Clarkson says, “homosexuality is a profound capital offense against God’s order.”
The upshot, in all likelihood, is that violence, hatred and bullying of those perceived as homosexual will continue into the foreseeable future. Although leaders of the hard core of the religious right deny it, it seems clear that their demonizing propaganda plays a role in fomenting that violence — a proposition that has sparked a number of Christian leaders to speak out in the wake of the latest series of tragedies.
“The recent epidemic of bullying-related teen suicides is a wake-up call to us moderate Christians,” the Rev. Fritz Ritsch, pastor of St. Stephen Presbyterian Church, wrote in October in the Fort Worth, Texas, Star-Telegram. “To most unchurched Americans — meaning most Americans — the fruit of the church is bitter indeed. … [T]he bullying crisis has put a fine point on the need for moderates to challenge the theological bullies from our own bully pulpits. We cannot equivocate. Children are dying. We need to speak up. If not now, when?”
[Note: Mark Potok is the editor of the Southern Poverty Law Center's Intelligence Report.]
— The Curator
Showing posts with label tyler clementi. Show all posts
Showing posts with label tyler clementi. Show all posts
Tuesday, January 4, 2011
Thursday, September 30, 2010
Victim of Secret Dorm Gay Sex Tape’s Body Found
The body of a New Jersey University freshman who jumped off a bridge last week and committed suicide after his roommate secretly streamed on the Internet a live recording of him having sex with another man was recovered from the Hudson River by authorities yesterday afternoon.
Tyler Clementi, only 18 and an accomplished violinist, had been attending Rutgers University, in New Brunswick, N.J. On Sept. 22, he plunged off the George Washington Bridge in New York City after struggling with the alleged video disclosure.
He posted, “Jumping off the gw bridge sorry” to his Facebook page, then tragically did just that.
Police have charged his roommate, Dharun Ravi, with privacy violations and related offenses, for using "the camera to view and transmit a live image." Middlesex County Prosecutor Bruce Kaplan noted it's a fourth-degree crime, "to collect or view images depicting nudity or sexual content of an individual without that person's consent. The crime becomes a third-degree offense if the images are transmitted or distributed." The third-degree offense carries a maximum five years in prison if convicted.
Ravi allegedly activated his camcorder that captured Clementi and an unnamed man from another computer in the Rutger’s dorm room of a friend of Ravi’s, Michelle “Molly” Wei, whose room was across the hall. Wei has also been charged with the same spying offenses.
I believe both, who are also 18, should also be charged with having committed a hate crime, which would bump the fourth-degree offense to a third-degree, negating the need to prove the recording was distributed.
What happened to Clementi should NEVER happen to anyone, regardless of their sexual orientation, or behavior. Our society has failed abysmally to keep up with the harmful and criminal uses of technology; we have failed ethically, morally and especially within the criminal justice system.
Reality Shows like Big Brother and their ilk give their subtle and not so subtle imprimatur on inappropriate invasion of privacy, and a host of other bad behaviors suddenly seen as OK, and even hip. Those types of TV shows, as well as the timber of much of the conversation-dialog within U.S. culture right now, in effect dehumanizes our own citizens. Exploitation is funny and very, very cool – whether it’s the voyeurism of celebrities, the neighbors next door, or university roommates. And, if sex is involved, the more the better!
I’m sure Clementi’s tormentors didn’t foresee his death, but they had to know that he would be distraught over their alleged illegal actions, especially since his sexuality and orientation was unknown within their campus community.
Nine out of 10 gay, lesbian and bisexual students are bullied in school, according to a 2007 survey by the Gay, Lesbian and Straight Education Network. And they are four times more likely to attempt suicide, according to a 2007 Massachusetts youth risk survey.
Gay activist David Savage said, "What gay and lesbian kids most fear is rejection by their family, rejection at the hands of their friends, judgment from their preachers and their teachers."
A Clementi family lawyer released a statement saying, "Tyler was a fine young man and a distinguished musician. The family is heartbroken beyond words."
Read additional details in the blog below by Kashmir Hill of Forbes, or directly at her website:
Tyler Clementi Turned To A Gay Message Forum For Help Before His Suicide
It’s a tragic technological story heard round the world — a college freshman’s Webcam spying leading to a suicidal jump from the George Washington Bridge. Dharun Ravi, a freshman at Rutgers University, used his Macbook to stream video of his gay roommate having “a sexual encounter” in their room on September 19. The roommate, Tyler Clementi, did not know that he was being watched or taped. Sadly, he apparently did not notice the green light on Ravi’s laptop camera turn on when Ravi activated it from another computer in friend Molly Wei’s room across the hall.
Ravi invited other friends to watch the stream on iChat, and planned a second viewing on September 21st when Clementi again indicated he’d like the room to himself for a few hours, tweeting that day, “Anyone with iChat, I dare you to video chat me between the hours of 9:30 and 12. Yes it’s happening again.” It appears from a gay message forum that Clementi was already on to his roommate by that time.
The New Jersey police have charged Ravi (and Wei) with criminal invasion of privacy, which carries a maximum sentence of five years in prison according to the New York Times, and a possible $30,000 fine according to the New Jersey criminal code. As my colleague Andy Greenberg points out, some of the same technologies that facilitated Ravi’s invasion of Clementi’s privacy will now help prove his guilt in the case — Ravi’s Twitter feed. Ravi deleted it, but police can get it from Twitter, or Google cache, or one of the Twitter tracking sites like Topsy. As I’ve said before, deletion on the Internet is futile.
Clementi also has a digital trail on the Internet, and it appears that he knew his roommate had filmed him after the first September 19th incident.
A month-old tweet from Ravi indicates he discovered his roommate’s sexuality based on comments Clementi made on a gay message forum. Ravi tweeted on August 22, “Found out my roommate is gay,” and linked to a post he said was Clementi’s on JustUsBoys. It’s the same forum that Clementi appears to have turned to after discovering he’d been spied on. As Gawker noted, a user on the forum by the name of “cit2mo” posted a thread “college roommate spying…..” on September 21 at 7:22 a.m.
[JustUsBoys post show above.]
“so the other night i had a guy over. I had talked to my roommate that afternoon and he had said it would be fine w/him. I checked his twitter today. he tweeted that I was using the room (which is obnoxious enough), AND that he went into somebody else’s room and remotely turned on his webcam and saw me making out with a guy. given the angle of the webcam I can be confident that that was all he could have seen.
so my question is what next?
I could just be more careful next time…make sure to turn the cam away…buttt…I’m kinda pissed at him (rightfully so I think, no?) and idk…if I could…it would be nice to get him in trouble
but idk if I have enough to get him in trouble, i mean…he never saw anything pornographic…he never recorded anything…
I feel like the only thing the school might do is find me another roommate, probably with me moving out…and i’d probably just end up with somebody worse than him….I mean aside from being an asshole from time to time, he’s a pretty decent roommate...
the other thing is I that don’t wanna report him and then end up with nothing happening except him getting pissed at me…”
Other users advised him to report it to the school and make sure his roommate’s computer was closed during future encounters. Cit2mo replied:
“I feel like it was “look at what a fag my roommate is” –other people have commented on his profile with things like “how did you manage to go back in there?” “are you ok?”
“and the fact that the people he was with saw my making out with a guy as the scandal whereas i mean come on…he was SPYING ON ME….do they see nothing wrong with this?
unsettling to say the least….
so I decided to fill out the room change request form….its not guaranteed that you get a change…and i don’t have to switch if I change my mind or work things out over the next week (they won’t start filling requests until next week)…but I figure I might as well as see what they can offer me….”
More users advised him of the illegality of this video voyeurism. A famous case of this, of course, is that of Erin Andrews. The man who made peephole videos of her undressing was ultimately sentenced to 30 months in prison. Cit2mo responds:
“oh yah, on the school website it says recording people where there is an expectation of privacy (bathroom bedroom etc) without the consent of everyone involved could….COULD…..result in being expelled
the only things is…there are too many ‘could’s ….the fact that he didn’t ACTUALLY record me (to my knowledge) and the fact that the school really prolly won’t do much of anything...
but anyway, i’ll be talking to my RA later today for sure...
and yah, revenge never ends well for me, as much as I would love to pour pink paint all over his stuff…..that would just let him win...”
Cit2mo did end up going to the RA after Ravi’s tweet on September 21st:
“so I wanted to have the guy over again.
I texted roomie around 7 asking for the room later tonight and he said it was fine.
when I got back to the room I instantly noticed he had turned the webcam toward my bed. And he had posted online again….saying….”anyone want a free show just video chat me tonight”…or something similar to that….
soooo after that…..
I ran to the nearest RA and set this thing in motion…..we’ll see what happens……
I haven’t even seen my roommate since sunday when i was asking for the room the first time…and him doing it again just set me off….so talking to him just didn’t seem like an option….
meanwhile I turned off and unplugged his computer, went crazy looking for other hidden cams….and then had a great time.”
Cit2mo’s last posting to the site on the morning of September 22nd indicates that he emailed an RA a paragraph about what had happened. Though he seemed calm and collected in his postings to JustUsBoys, that night, he posted “Jumping off the gw bridge sorry” to his Facebook, and committed suicide.
These digital trails may answer questions that could not be answered otherwise. A big question now is why Clementi’s resident advisor did not get Clementi moved out of that room immediately.
In addition to the criminal charges arising from this, there will be civil lawsuits. Rutgers University may find itself the target of a civil lawsuit. And Clementi’s family and perhaps Clementi’s unnamed romantic partner of September 19 will surely sue Ravi, and perhaps Wei, for invasion of privacy. In a similar case in Kansas, a man was ordered to pay $55,000 after distributing naked photos of his ex-girlfriend via email. The claims were invasion of privacy and infliction of severe emotional distress.
Another case that comes to mind involving Webcam spying and schools is the famous case out of Philadelphia, where a high school handed out laptops and then activated cameras remotely without informing the students using them. In that case, prosecutors dropped the criminal charges, finding no criminal intent in the “spying.” Ravi will not likely be so lucky.
~~~~~~~~
We need to understand that the abuse that Clementi suffered by the deliberate, even cavalier exploitation of his privacy could occur to any one of us. Every person has something that is so private, so intimate, so potentially embarrassing that its disclosure without our permission would cause extreme emotional distress.
What are we doing? What the hell are we doing?
— The Curator
Tyler Clementi, only 18 and an accomplished violinist, had been attending Rutgers University, in New Brunswick, N.J. On Sept. 22, he plunged off the George Washington Bridge in New York City after struggling with the alleged video disclosure.
He posted, “Jumping off the gw bridge sorry” to his Facebook page, then tragically did just that.
Police have charged his roommate, Dharun Ravi, with privacy violations and related offenses, for using "the camera to view and transmit a live image." Middlesex County Prosecutor Bruce Kaplan noted it's a fourth-degree crime, "to collect or view images depicting nudity or sexual content of an individual without that person's consent. The crime becomes a third-degree offense if the images are transmitted or distributed." The third-degree offense carries a maximum five years in prison if convicted.
Ravi allegedly activated his camcorder that captured Clementi and an unnamed man from another computer in the Rutger’s dorm room of a friend of Ravi’s, Michelle “Molly” Wei, whose room was across the hall. Wei has also been charged with the same spying offenses.
I believe both, who are also 18, should also be charged with having committed a hate crime, which would bump the fourth-degree offense to a third-degree, negating the need to prove the recording was distributed.
What happened to Clementi should NEVER happen to anyone, regardless of their sexual orientation, or behavior. Our society has failed abysmally to keep up with the harmful and criminal uses of technology; we have failed ethically, morally and especially within the criminal justice system.
Reality Shows like Big Brother and their ilk give their subtle and not so subtle imprimatur on inappropriate invasion of privacy, and a host of other bad behaviors suddenly seen as OK, and even hip. Those types of TV shows, as well as the timber of much of the conversation-dialog within U.S. culture right now, in effect dehumanizes our own citizens. Exploitation is funny and very, very cool – whether it’s the voyeurism of celebrities, the neighbors next door, or university roommates. And, if sex is involved, the more the better!
I’m sure Clementi’s tormentors didn’t foresee his death, but they had to know that he would be distraught over their alleged illegal actions, especially since his sexuality and orientation was unknown within their campus community.
Nine out of 10 gay, lesbian and bisexual students are bullied in school, according to a 2007 survey by the Gay, Lesbian and Straight Education Network. And they are four times more likely to attempt suicide, according to a 2007 Massachusetts youth risk survey.
Gay activist David Savage said, "What gay and lesbian kids most fear is rejection by their family, rejection at the hands of their friends, judgment from their preachers and their teachers."
A Clementi family lawyer released a statement saying, "Tyler was a fine young man and a distinguished musician. The family is heartbroken beyond words."
Read additional details in the blog below by Kashmir Hill of Forbes, or directly at her website:
Tyler Clementi Turned To A Gay Message Forum For Help Before His Suicide
It’s a tragic technological story heard round the world — a college freshman’s Webcam spying leading to a suicidal jump from the George Washington Bridge. Dharun Ravi, a freshman at Rutgers University, used his Macbook to stream video of his gay roommate having “a sexual encounter” in their room on September 19. The roommate, Tyler Clementi, did not know that he was being watched or taped. Sadly, he apparently did not notice the green light on Ravi’s laptop camera turn on when Ravi activated it from another computer in friend Molly Wei’s room across the hall.
Ravi invited other friends to watch the stream on iChat, and planned a second viewing on September 21st when Clementi again indicated he’d like the room to himself for a few hours, tweeting that day, “Anyone with iChat, I dare you to video chat me between the hours of 9:30 and 12. Yes it’s happening again.” It appears from a gay message forum that Clementi was already on to his roommate by that time.
The New Jersey police have charged Ravi (and Wei) with criminal invasion of privacy, which carries a maximum sentence of five years in prison according to the New York Times, and a possible $30,000 fine according to the New Jersey criminal code. As my colleague Andy Greenberg points out, some of the same technologies that facilitated Ravi’s invasion of Clementi’s privacy will now help prove his guilt in the case — Ravi’s Twitter feed. Ravi deleted it, but police can get it from Twitter, or Google cache, or one of the Twitter tracking sites like Topsy. As I’ve said before, deletion on the Internet is futile.
Clementi also has a digital trail on the Internet, and it appears that he knew his roommate had filmed him after the first September 19th incident.
A month-old tweet from Ravi indicates he discovered his roommate’s sexuality based on comments Clementi made on a gay message forum. Ravi tweeted on August 22, “Found out my roommate is gay,” and linked to a post he said was Clementi’s on JustUsBoys. It’s the same forum that Clementi appears to have turned to after discovering he’d been spied on. As Gawker noted, a user on the forum by the name of “cit2mo” posted a thread “college roommate spying…..” on September 21 at 7:22 a.m.
[JustUsBoys post show above.]
“so the other night i had a guy over. I had talked to my roommate that afternoon and he had said it would be fine w/him. I checked his twitter today. he tweeted that I was using the room (which is obnoxious enough), AND that he went into somebody else’s room and remotely turned on his webcam and saw me making out with a guy. given the angle of the webcam I can be confident that that was all he could have seen.
so my question is what next?
I could just be more careful next time…make sure to turn the cam away…buttt…I’m kinda pissed at him (rightfully so I think, no?) and idk…if I could…it would be nice to get him in trouble
but idk if I have enough to get him in trouble, i mean…he never saw anything pornographic…he never recorded anything…
I feel like the only thing the school might do is find me another roommate, probably with me moving out…and i’d probably just end up with somebody worse than him….I mean aside from being an asshole from time to time, he’s a pretty decent roommate...
the other thing is I that don’t wanna report him and then end up with nothing happening except him getting pissed at me…”
Other users advised him to report it to the school and make sure his roommate’s computer was closed during future encounters. Cit2mo replied:
“I feel like it was “look at what a fag my roommate is” –other people have commented on his profile with things like “how did you manage to go back in there?” “are you ok?”
“and the fact that the people he was with saw my making out with a guy as the scandal whereas i mean come on…he was SPYING ON ME….do they see nothing wrong with this?
unsettling to say the least….
so I decided to fill out the room change request form….its not guaranteed that you get a change…and i don’t have to switch if I change my mind or work things out over the next week (they won’t start filling requests until next week)…but I figure I might as well as see what they can offer me….”
More users advised him of the illegality of this video voyeurism. A famous case of this, of course, is that of Erin Andrews. The man who made peephole videos of her undressing was ultimately sentenced to 30 months in prison. Cit2mo responds:
“oh yah, on the school website it says recording people where there is an expectation of privacy (bathroom bedroom etc) without the consent of everyone involved could….COULD…..result in being expelled
the only things is…there are too many ‘could’s ….the fact that he didn’t ACTUALLY record me (to my knowledge) and the fact that the school really prolly won’t do much of anything...
but anyway, i’ll be talking to my RA later today for sure...
and yah, revenge never ends well for me, as much as I would love to pour pink paint all over his stuff…..that would just let him win...”
Cit2mo did end up going to the RA after Ravi’s tweet on September 21st:
“so I wanted to have the guy over again.
I texted roomie around 7 asking for the room later tonight and he said it was fine.
when I got back to the room I instantly noticed he had turned the webcam toward my bed. And he had posted online again….saying….”anyone want a free show just video chat me tonight”…or something similar to that….
soooo after that…..
I ran to the nearest RA and set this thing in motion…..we’ll see what happens……
I haven’t even seen my roommate since sunday when i was asking for the room the first time…and him doing it again just set me off….so talking to him just didn’t seem like an option….
meanwhile I turned off and unplugged his computer, went crazy looking for other hidden cams….and then had a great time.”
Cit2mo’s last posting to the site on the morning of September 22nd indicates that he emailed an RA a paragraph about what had happened. Though he seemed calm and collected in his postings to JustUsBoys, that night, he posted “Jumping off the gw bridge sorry” to his Facebook, and committed suicide.
These digital trails may answer questions that could not be answered otherwise. A big question now is why Clementi’s resident advisor did not get Clementi moved out of that room immediately.
In addition to the criminal charges arising from this, there will be civil lawsuits. Rutgers University may find itself the target of a civil lawsuit. And Clementi’s family and perhaps Clementi’s unnamed romantic partner of September 19 will surely sue Ravi, and perhaps Wei, for invasion of privacy. In a similar case in Kansas, a man was ordered to pay $55,000 after distributing naked photos of his ex-girlfriend via email. The claims were invasion of privacy and infliction of severe emotional distress.
Another case that comes to mind involving Webcam spying and schools is the famous case out of Philadelphia, where a high school handed out laptops and then activated cameras remotely without informing the students using them. In that case, prosecutors dropped the criminal charges, finding no criminal intent in the “spying.” Ravi will not likely be so lucky.
~~~~~~~~
We need to understand that the abuse that Clementi suffered by the deliberate, even cavalier exploitation of his privacy could occur to any one of us. Every person has something that is so private, so intimate, so potentially embarrassing that its disclosure without our permission would cause extreme emotional distress.
What are we doing? What the hell are we doing?
— The Curator
Labels:
bisexual,
bullying,
dan savage,
gay,
justusboys,
lesbian,
rutgers,
sex tape,
suicide,
tyler clementi
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