Ex-Rutgers student to serve 30 days in jail in webcam case

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NEW BRUNSWICK, N.J. — A former Rutgers University student who used a webcam to spy on his gay roommate was sentenced Monday to just 30 days in jail — a punishment that disappointed some activists but came as a relief to others who feared he would be made a scapegoat for his fellow freshman’s suicide.

Dharun Ravi, 20, could have gotten 10 years behind bars for his part in a case that burst onto front pages when Tyler Clementi threw himself to his death off the George Washington Bridge.

Instead, Superior Court Judge Glenn Berman gave Ravi a month in jail, placed him on three years’ probation and ordered him to get counseling and pay $10,000 toward a program to help victims of hate crimes.

“Our society has every right to expect zero tolerance for intolerance,” the judge said.

Prosecutor Bruce Kaplan said he will appeal the sentence, calling it insufficient.

The tear-filled sentencing touched on many of the issues that made the case heart-wrenching and legally complicated: anti-gay bullying, teen suicide, hate-crime laws in the fast-changing Internet age, and the uses and abuses of technology in the hands of young people.

Ravi did not speak in court but shed tears as his mother pleaded with the judge not to send him to prison. Afterward, Ravi, his family and his lawyers left court without comment. He is expected to appeal his conviction.

In handing down the sentence, the judge quoted an email from Clementi himself describing Ravi’s conduct as “wildly inappropriate.”

At the same time, Berman pointed out that Ravi was not charged in Clementi’s suicide. He said Ravi has spent 20 months in “exile” since his arrest. And he suggested “hate crime” is a misnomer for what Ravi was convicted of: “I do not believe he hated Tyler Clementi.”

He also said he has examined the bias intimidation laws in 39 states and found that New Jersey’s is among the broadest. Most, he said, are used only to increase the sentences of people convicted of violent crimes.

The judge said he would recommend Ravi not be deported to his native India. Deportation is still a possibility, but a sentence of a year or more would have been more likely to trigger it.

Prosecutors had asked that Ravi be sent to prison; they did not say how much time he should get other than that it did not have to be the maximum. If prosecutors appeal the sentence, Ravi may not have to report to jail on May 31 as ordered.

New Jersey gay rights organization Garden State Equality expressed disappointment with the punishment. In a statement, chairman Steven Goldstein suggested that while the maximum would have been an act of “vengeance,” 30 days was too light.

“This was not merely a childhood prank gone awry,” Goldstein said.

Bill Dobbs, a New York gay rights activist who has long argued that hate-crime laws can be dangerous, said he believes the judge gave a short sentence in part in response to a backlash against the prosecution that became visible in recent weeks, including at a rally last week at New Jersey’s Statehouse, where hundreds of people called for leniency.

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