Kids & Family

UPDATED: Middlesex County Prosecutor's Office Plans to Appeal Ravi Sentence

The sentence will be stayed for 10 days, while both the state and Dharun Ravi's defense team plan their appeals.

 

Updated 5:37 p.m. Monday:

The Middlesex County Prosecutor's Office has released a statement, explaining the reasons behind an appeal of the 30-day prison sentence facing Dharun Ravi.

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"While the Middlesex County Prosecutor's Office did not request the maximum period of incarceration for Dharun Ravi, it was expected that his conviction on multiple offenses of invading the privacy of two victims on two separate occasions, four counts of bias intimidation against Tyler Clementi, and the coverup of those crimes, would warrant more than a 30-day jail term," said Prosecutor Bruce Kaplan, in the prepared statement.

Kaplai said the 30-day term is "insufficient under the sentencing laws of this state, the facts that were determined by a jury, and long-standing appellate precedent," and will be appealed.

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Ravi's defense team is also expected to appeal the sentence.

Ravi, 20, was sentenced to 30 days in the Middlesex County Adult Correction Center, 300 hours of community service, three years probation and a $10,000 fine by a Superior Court judge in New Brunswick on Monday.

Ravi was in March on 23 of 35 charges contained in 15 counts, including bias intimidation, witness tampering, and invasion of privacy.

The charges stem from September 2010, when Ravi spied on former Rutgers University roommate Tyler Clementi via webcam as Clementi was in their shared dorm room being imtimate with a man identified only as "M.B."

Clementi committed suicide on Sept. 22, 2010, by jumping off the George Washington Bridge, and his death gained national attention as a talking point for bullying cases involving gay and lesbian youth.

Ravi is not charged in connection with Clementi's death.

Garden State Equality has issued a statement on the sentencing of Dharun Ravi, stating that while the organization did not want maximum jail time for Ravi, they believe the 30-day sentence that he did receive is not adequate.

"Those who have oppose giving Dharun Ravi jail time have asked, hasn’t he suffered enough? But we believe there’s another question: Has Dharun Ravi done enough? Has he done enough to use his place in history to speak out against student bullying and to make a positive impact on millions of lives across our state and nation?" Garden State Equality CEO and chair Stephen Goldstein wrote on the organization's website on Monday.

Ravi remained emotionless during the sentencing, his hand clasped to his mouth, while Superior Court Judge Glenn Berman explained the sentencing.

The fine is to be paid to a state-sanctioned organization that assists victims of bias crimes, Berman said. Ravi must also attend counseling programs that address cyber bullying and "alternative lifestyles," Berman said.

Both Ravi's attorneys and the state have 10 days to appeal the sentence. Earlier this month, the prosecution made a request for a maximum prison sentence in state prison.

Berman made a point of stating that Ravi was convicted of a bias crime, and not a hate crime.

"The word 'hate' has never crossed my lips or (Prosecutor Julia McClure's)," Berman said. "This individual was not convicted of a hate crime, he was convicted of a bias crime, and there is a difference."

Berman said that he did not believe that Ravi had hate toward Clementi, but that his acts were "colossal insensitivity."

Ravi faces state prison time if he violates the terms of his probation, Berman said. However, the probation term may be altered if Ravi completes the other terms of his sentence and is a full-time college student, Berman said. 

Berman said he would recommend that Ravi not be deported, but said he is not the final authority on that decision.

Goldstein said that the story of Clementi's live can potentially live on through Ravi, depending on the course of action he chooses to take going forward.

"Though Tyler Clementi has left us, the rest of Dharun Ravi’s life will help tell his life story. Ravi’s own lawyer portrayed him as a young man who engaged merely in jerky behavior. Ravi can stay that course, or he can do some good with his life by making amends and fighting for the justice and dignity of every individual, including people who are LGBT," Goldstein said.

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