Posted on 03/16/2012 10:19:54 AM PDT by Advocatus Sancti Sepulchri
It was a shared dorm room. Sounds to me like the expectation of privacy was pretty much nil.
It was the posting to the web that was the problem.
the idea is whether he would have done it if the guy was heterosexual. One element of the crime was establishing that he hated homosexuals and thus did it to humiliate the roommate, who was homosexual
If the defense lawyer tried to make the argument you suggest in court, the judge would say 1. are you serious, 2. what is the status of your law license, and 3. shut up before I sanction you. And not necessarily in that order.
A dormitory room is simply not a private bedroom.
Title 2C New Jersey Code of Criminal Justice2C:14-9. Invasion of privacy, degree of crime; defenses, privileges
1. a. An actor commits a crime of the fourth degree if, knowing that he is not licensed or privileged to do so, and under circumstances in which a reasonable person would know that another may expose intimate parts or may engage in sexual penetration or sexual contact, he observes another person without that person's consent and under circumstances in which a reasonable person would not expect to be observed.
b. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he photographs, films, videotapes, records, or otherwise reproduces in any manner, the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, without that person's consent and under circumstances in which a reasonable person would not expect to be observed.
c. An actor commits a crime of the third degree if, knowing that he is not licensed or privileged to do so, he discloses any photograph, film, videotape, recording or any other reproduction of the image of another person whose intimate parts are exposed or who is engaged in an act of sexual penetration or sexual contact, unless that person has consented to such disclosure. For purposes of this subsection, "disclose" means sell, manufacture, give, provide, lend, trade, mail, deliver, transfer, publish, distribute, circulate, disseminate, present, exhibit, advertise or offer. Notwithstanding the provisions of subsection b. of N.J.S.2C:43-3, a fine not to exceed $30,000 may be imposed for a violation of this subsection.
d. It is an affirmative defense to a crime under this section that:
(1) the actor posted or otherwise provided prior notice to the person of the actor's intent to engage in the conduct specified in subsection a., b., or c., and
(2) the actor acted with a lawful purpose.
e. (1) It shall not be a violation of subsection a. or b. to observe another person in the access way, foyer or entrance to a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of such person, if the actor conspicuously posts at the entrance to the fitting room or dressing room prior notice of his intent to make the observations, photographs, films, videotapes, recordings or other reproductions.
(2) It shall be a violation of subsection c. to disclose in any manner any such photograph, film, videotape or recording of another person using a fitting room or dressing room except under the following circumstances:
(a) to law enforcement officers in connection with a criminal prosecution;
(b) pursuant to subpoena or court order for use in a legal proceeding; or
(c) to a co-worker, manager or supervisor acting within the scope of his employment.
f. It shall be a violation of subsection a. or b. to observe another person in a private dressing stall of a fitting room or dressing room operated by a retail establishment or to photograph, film, videotape, record or otherwise reproduce the image of another person in a private dressing stall of a fitting room or dressing room.
g. For purposes of this act, a law enforcement officer, or a corrections officer or guard in a correctional facility or jail, who is engaged in the official performance of his duties shall be deemed to be licensed or privileged to make and to disclose observations, photographs, films, videotapes, recordings or any other reproductions.
h. Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under subsection b. of this section shall not merge with a conviction under subsection c. of this section, nor shall a conviction under subsection c. merge with a conviction under subsection b.
L.2003,c.206,s.1.
Students are warned about letting outsiders get their passwords BTW. That's punishable under the rules.
Ravi didn't hide a camera. He set up his workspace for college.
A third party might well commit an offense by entering the room at the invitation of either tenant and stripping off his clothes.
There are just all sorts of things here it isn't funny.
You continue to control the space as long as you pay the rent. You don't have to be there to exercise that control.
It's pretty clear Ravi had his rights violated by aggressive homosexual behavior. This dude couldn't wait but two days and he was hitting it again. Obviously he wasn't cut out for having a roommate.
Good Lord. The stupid, it burns.
Wrong. Then the victim would have been the innocent girl (perhaps child if she was less than 21) her nude body exposed to the world on the Internet.
I can tell you’ve never lived in a dormitory or barracks.
And I can tell you didn’t complete reading my comment #45.
REad the whole thing. Ravi had a key. He could walk in at any moment. Every single little bit of the law you are citing is inapplicable in that case.
I'll bet that comes as a shock to Ravi, seeing that he was convicted of it. /s
The state has regularly sided against the Indian population in any dispute with the Italians ~ and even fire departments have refused to put out fires in Indian homes.
This was a trial with a lot of similarities to the sorts of trials Southern courts used to put black people through, particularly those who weren't "from around there".
The race bias aspects of this case are OVERWHELMING.
Did you see how they beat down that poor Chinese-American girl? That's how they do it up there.
Fur Shur Rutgers is going to be giving up all the East and South Asian applicants ~ and I suppose that's exactly what they wish to happen.
Segregation in America NEVER goes away ~ it just gets new sponsors.
I wouldn't care to have my room, my belongings, my life, compromised by a steady stream of gay strangers passing through my dorm room.
—One element of the crime was establishing that he hated homosexuals and thus did it to humiliate the roommate, who was homosexual—
It is not against the law to humiliate a person.
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