We
all killed Tyler Clementi.
Two
days ago, Judge Glenn Berman sentenced Rutgers student Dharun Ravi to thirty
days in prison after he was found guilty of an assortment of charges, most
prominent among them bias intimidation, another way of saying hate crime.
As
a freshman at Rutgers, Ravi used a webcam to spy on his roommate, Tyler
Clementi, during a sexual encounter with another man. When Clementi discovered
that Ravi had broadcasted his private life on the internet, he killed himself
by jumping off the George Washington Bridge. Though not directly charged with Clementi's
murder, Ravi received fifteen criminal charges, including bias intimidation and
invasion of privacy. Prosecutors argued that Ravi's actions constituted
intimidating his roommate because of his sexual orientation, which is a hate
crime under New Jersey law.
Despite
being convicted of a hate crime, Ravi's thirty-day prison sentence was
unexpected. Activists on both sides of the case cried foul, some saying that
his sentence should have been no more than community service, others arguing
that he should spend years in prison. In a surprising move, some gay rights
activists made a case for community service, on the basis that Dharun Ravi was
only one element of a complex network of social pressures that drove Tyler
Clementi to kill himself.
And
they're absolutely right. Most psychiatrists will tell you that few single
events, like the webcam incident, drive a person to commit suicide. Tyler
Clementi was a depressed person long before Ravi's juvenile behavior sent him
over the edge. That's why I say that we all killed Tyler Clementi - we have all
contributed, in one way or another, to the state of the world today that makes
millions of gays and lesbians uncomfortable in their own skin.
So
are we all guilty of hate crimes? No, I wouldn't say we are. Because the world as
a whole does not hate LGBT people; the world is simply not fully tolerant.
During sentencing, Judge Berman refused to give Ravi a longer sentence because
he did not believe Ravi hated Tyler Clementi. Like the world, Ravi was simply
not fully tolerant.
In
2009, Congress passed the Hate Crimes Prevention Act, which extended the
definition of hate crimes to include sexual orientation and gender identity. A
hate crime, as defined by previous legislation, occurs when an individual is
specifically targeted because of his or her membership in some group - in the
Clementi case, the gay community.
So,
do Dharun Ravi's actions constitute a hate crime? It is true that Ravi had a
prejudice against gays, and that prejudice drove him to commit the crimes he
did (invasion of privacy and others). But hate crime charges should be reserved
for violent crimes, threats of violence, or particularly repugnant hate speech.
These are all cases, as the legislation specifies, where the crime is clearly
motivated by hate.
Like
Judge Berman, I don't believe Ravi hates gay people. He, like the rest of the
world, is not yet fully tolerant. But hate? Hate does not belong to Ravi, nor
to most people in the world. Hate belongs only to a few individuals and fringe
groups, and they are the intended
targets of hate crime law in America.
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