 Covid has brought a relentless surge of anti-Asian violence to the U.S. Just this week, a 65-year-old woman was kicked repeatedly on a New York City street, her assailant allegedly yelling "you don't belong here." The attack happened just a week and a half after a mass shooting left six Asian women dead in the Atlanta metro-area.
There were at least 3,800 anti-Asian incidents nationwide between March 2020 and February, according to Stop AAPI Hate, a nonprofit that tracks discrimination against Asian Americans and Pacific Islanders. Those numbers are likely an undercount, since many incidents go unreported, the advocacy group says. While many of these attacks involve racist slurs and people targeted for their backgrounds, it's unclear if they can or will be prosecuted as "hate crimes." For one, state laws vary widely. Arkansas, South Carolina and Wyoming don't have explicit hate crime laws on the books. In many other places, the statutes are vague.
New York's state senate on Wednesday passed an update to its hate crime law. The proposed change, which requires a vote in the state assembly before heading to the governor's desk, aims to standardize and gather more comprehensive data on hate crimes, so officials can better understand victims and perpetrators. That's the key to figuring out the right policy response, sai Trevon Mayers, director of policy and community outreach at the New York City LGBT Community Center. "Because we don't have accurate and reliable information about hate crimes," Mayers said, "it's harder for the state to come up with solutions in terms of how best to support victims of hate crimes, but also any additional policy models that keep them from occurring in the first place." But even in places with strong laws on the books, prosecutors don't always use them. Take Georgia, for example. The state passed a hate crime law in June, after going 16 years without one. It doles out tougher sentences to those who commit a hate crime intentionally based on another individual's race, sex, sexual orientation, color, religion, national origin, physical disability or mental disability. Law enforcement officials must also prepare and submit a special report documenting a victim's protected class in any case suspected of being a hate crime. Yet, in the immediate aftermath of the March mass shooting at three Atlanta-area spas, a police official appeared to tamp down talk of hate crimes, suggesting at a press conference that the suspect was a sex addict who was having a "bad day." Three-quarters of the victims were Asian women, and the spas the shooter targeted were staffed by and in some cases owned by Asian people. The official who made the statement has since been removed from the case and police say they are still investigating to see if race played a role.
—Fola Akinnibi | 
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