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仇恨難解:偷拍風波鬧人命 歧視與否雙方攻防

立報/本報訊 2012.03.21 00:00
策劃、編譯■李威撰、謝雯伃前羅格斯大學學生達倫•拉維被指控用網路攝影機監視室友和另一名男子的性行為,並邀請他人一同觀看。他的律師13日表示,拉維的行為僅是幼稚行為,不該被視為仇恨犯罪。A former Rutgers University student, Dharun Ravi, who used a webcam to spy on his roommate's sexual encounter with another man and invited others to watch was behaving childishly and should not be convicted of a hate crime, his lawyer said on Tuesday.在紐澤西念大學的克里蒙提是拉維的室友,克里蒙提在2010年9月22日跳喬治華盛頓橋自殺;自殺前2天,拉維在推特上貼文,表示自己曾用網路攝影機觀看克里蒙提「與一名男子親吻」。The roommate at the New Jersey university, Tyler Clementi, jumped to his death on Sept. 22, 2010 from a bridge, just two days after Ravi posted on his Twitter account that he had used the webcam to view Clementi "making out with a dude."克里蒙提之死引起全美關注同志霸凌議題,現年20歲的拉維並未被直接指控造成克里蒙提的死亡。他被指控的15項罪名包括侵犯隱私、教唆證人、篡改證據以及屬於仇恨犯罪的歧視恐嚇罪。Ravi, now 20, is not charged in Clementi's death – which drew national attention to the issue of gay bullying(1) -- but he is charged with 15 counts of invasion of privacy, witness and evidence tampering and bias intimidation(2) , which is a hate crime(3) .拉維的辯護律師阿特曼在結辯表示,他的委託人對同志沒有偏見,只是單純幼稚地使用網路攝影機偷看克里蒙提與另一名年長的男子幽會。Ravi's defense lawyer, Steven Altman, said in his closing arguments that his client had no bias against gays but had simply and childishly decided to use the webcam to covertly watch Clementi's tryst with an older man.阿特曼向陪審團表示:「我們之所以在此,是因為2010年9月19日和21日這2天,有一名18歲的男孩,一個孩子,一個大學新鮮人,體驗到、遭遇到一些他還沒準備好要去接受、他沒有預期會發生的、嚇到他的、不如他欲期的情形……。」"Why we're here is because, on September 19 and September 21 of 2010, an 18-year-old boy, a kid, a college freshman, had an experience, had an encounter and he wasn't ready for, that he didn't expect, that he was surprised by, that he hadn't anticipated ...," Altman told the jury.若大多數嚴重的控訴全部成立,拉維將面臨10年刑期。雖然拉維從小到大幾乎都住在美國,但他還不是美國公民;而如果判決確定,他將被遣返出生地印度。Ravi faces up to 10 years in prison if convicted of the most serious charges. Although Ravi has lived nearly his entire life in the United States, he is not a citizen and if convicted could be deported to India, where he was born.拉維的律師將部分辯護重心放在那名只知道叫做M.B.的年長男子,這名男子是紐澤西法庭為期3週的審判中,傳喚的20多名證人之一。辯方則傳喚了9名證人。Ravi's defense focused in part on the older man, known only as M.B., who was among the two dozen witnesses to testify for the prosecution in the three-week trial in a New Jersey Court. The defense called nine witnesses.當時30歲的M.B.與克里蒙提是在網路上結識,克里蒙提與M.B.在2010年9月時,曾在狹小的新生宿舍中邂逅3次,分別是16日星期四、19日星期日和21日星期二。The man, then 30, met Clementi online and they had three encounters in September 2010 in the cramped freshman dorm room -- on Thursday the 16th, Sunday the 19th and Tuesday the 21st.阿特曼表示,讓拉維起疑心的不是M.B.的性向,而是他「邋遢跟流浪漢般」的外表,這才使得拉維在克里蒙提基於隱私、週日要求拉維離開房間後,拉維為了看管自己的財物,才在房間裝設網路攝影機。It was the man's "scruffy(4) and homeless-looking" appearance rather than his sexual orientation(5) that raised Ravi's suspicions and prompted him to use the webcam to watch his belongings when Clementi, seeking privacy, asked him on Sunday if he could leave the room, Altman said.律師表示,拉維從友人莫莉•魏的電腦監看房間。整支影片只有幾秒鐘的長度,在拍攝到兩人接吻後就停止了,阿特曼因此表示,這證明了拉維2人根本無意想偷窺。Ravi viewed his room from the computer of a friend, Molly Wei, the lawyer said. Proof of his intention is in the brevity of the seconds-long video-stream which was ended as soon as Ravi and Wei saw the two men kissing, Altman said.拉維後來在推特上寫道:「看見我室友跟另一個男人接吻,真噁心。」Ravi later wrote on his Twitter page: "Saw my roommate making out with a dude. Yay."當克里蒙提再度要求拉讓出房間,讓他跟M.B.獨處時,拉維發了一封訊息問朋友敢不敢用網路攝影機來一場「偷窺派對」。When Clementi asked for the room again for an encounter with M.B., Ravi sent a message daring friends to join a "viewing party" by accessing the webcam.助理檢察官麥克魯在結辯時指出,拉維滿腦子想的都是室友的性向。她表示,克里蒙提曾申請要搬到單人房,克里蒙提曾向舍監抱怨,拉維用網路攝影機偷窺他,這顯示他感到害怕。Assistant Prosecutor Julia McClure said in her closing argument that Ravi was obsessed by his roommate's sexuality. She said Clementi's application to move to a single room and his complaint about Ravi's webcam use to a resident advisor in the dorm showed that he felt intimidated.「這不是個玩笑而已。」她如此形容拉維的行為:「他不喜歡有一個同志室友。」"It wasn't a joke," she said of Ravi. "He didn't like that he had a gay roommate."(路透Reuters)關鍵字詞1. bully (n.v.) 霸凌2. intimidation (n.) 恐嚇3. hate crime (n.) 仇恨犯罪4. scruffy (a.) 骯髒的5. sexual orientation (n.) 性傾向

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