Us

New Jersey Prosecutor Mulls Whether to Upgrade Charges in Rutgers Alleged Sex Taping Case

  • Rutgers University freshman Tyler Clementi, 18, is seen in an undated photo posted to his Facebook page

    Rutgers University freshman Tyler Clementi, 18, is seen in an undated photo posted to his Facebook page

  • Clementi, a gifted violinist, is seen in a photo posted to a Facebook page created in his honor

    Clementi, a gifted violinist, is seen in a photo posted to a Facebook page created in his honor

  • Star-Ledger Photograph/Star-Ledger, NJ

    Star-Ledger Photograph/Star-Ledger, NJ

No decision has been reached on whether to upgrade charges against two Rutgers University students who allegedly streamed a secret sex tape over the Internet of a classmate who later killed himself.

The Middlesex County, N.J., prosecutor's office told FoxNews.com Tuesday that the "investigation is continuing" and "we have not reached any conclusions yet" about upgrading charges against Dharun Ravi and Molly Wei -- two freshmen students charged with secretly filming fellow classmate Tyler Clementi in a sexual encounter with another man inside his college dorm room and posting it to the Internet.

Clementi, a gifted violinist from Ridgewood, N.J., killed himself three days later by jumping from the George Washington Bridge on Sept. 22. His body was recovered a week later.

Middlesex County Prosecutor Bruce Kaplan charged Ravi and Wei with invasion of privacy for allegedly placing a camera inside Clementi's dorm room.

Attorneys for Molly Wei said Tuesday in a statement that she is innocent. Wei's lawyer issue a statement saying she is "a wonderful, caring and talented young woman with a bright future." They say she has been maligned by unfounded attacks on her character.

Kaplan has said the two used the camera to view and transmit a live image of the student on Sept. 19. Ravi is charged with two additional counts of invasion of privacy for allegedly trying to transmit another encounter involving the same student on Sept. 21.

Ravi, of Plainsboro, N.J., was released on $25,000 bail last week. Wei, of Princeton, N.J., was released on her own recognizance. 

Clementi's death prompted gay-rights groups around the country to declare the alleged taping a hate crime and call for an investigation into whether the incident was a civil rights violation.  

Kaplan reportedly told the Star-Ledger that there may not be enough evidence to charge Ravi and Wei with a hate crime. 

"Sometimes the laws don't always adequately address the situation," Kaplan reportedly told the newspaper on Monday. "That may come to pass here."

Kaplan's spokesman James O'Neill, however, said in an e-mail to FoxNews.com on Tuesday that "nothing has been ruled out." 

Ravi's now defunct Twitter feed reportedly contained messages about his use of iChat, a messaging service that allows for the live-streaming of video. 

He reportedly posted on his Twitter account on Sept. 19: "Roommate asked for the room till midnight."

"I went into molly's room and turned on my webcam. I saw him making out with a dude. Yay," Ravi wrote.

"Anyone with iChat, I dare you to video chat me between the hours of 9:30 to 12. Yes it's happening again," he reportedly tweeted again on Sept. 22. 

Click here to read more on this story from the Star-Ledger 

FoxNews.com's Cristina Corbin and the Associated Press contributed to this report