Do We Really Need New Anti-Asian Hate Crime Laws?

A holistic look at the data shatters the narrative about bias-based violence.

In March, a man opened fire at Young’s Asian Massage, just north of Atlanta. Later, he shot up two more Atlanta-area Asian spas. All told, eight people were killed. Six of them were Asian women. Was this a hate crime? Clearly, it targeted a certain sort of business.

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Yet if Long was motivated by anti-Asian or anti-female bias, this would be considered, under Georgia and federal law, a hate crime. If he was motivated by hatred of sex workers, it would not. This ambiguity perfectly encapsulates the tangled logic behind U.S. hate crime laws.

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The first half of 2021 was awash in stories about an alleged spike in bias-based actions against Asians in the United States. From TV ads to newspaper articles to the halls of Congress, stopping “Asian hate” became a major rallying cry. A New York Times headline from April 3 conjured “swelling anti-Asian violence” in America. “Covid ‘hate crimes’ against Asian Americans on rise,” warned the BBC, while Voice of America reported that “Hate Crimes Targeting Asian Americans Spiked by 150% in Major US Cities.”

The narrative was based on a grain of truth: In the early days of the COVID-19 pandemic, Asians do seem to have faced an increase in verbal harassment—and occasionally worse—in some U.S. cities. But increases were far from consistent, and overall incident numbers remained quite small.

For instance, New York City saw an 833 percent rise in anti-Asian incidents between 2019 and 2020, according to the Center for the Study of Hate and Extremism at California State University, San Bernardino (CSUSB). That certainly sounds dire. Yet the leap represents a rise from three incidents in 2019 to 28 incidents in 2020—in a city with an Asian population of 1.2 million overall.

Many reports of a supposed surge in anti-Asian animosity relied on data from CSUSB, which culled police records to assess bias-based incidents in 16 big U.S. cities. It found only one (Washington, D.C.) with a decline in anti-Asian incidents and one (Chicago) with no change. Data from the other cities looked grim: Anti-Asian incidents were up 150 percent in San Jose, 133 percent in Boston, and 114 percent in Los Angeles.

Yet expressing the data in terms of the percentage increase can be misleading. The raw numbers went from four to 10 in San Jose, six to 14 in Boston, and seven to 15 in Los Angeles. Cleveland, Dallas, and Philadelphia each saw six incidents in 2020, up from zero to two in 2019. Cincinnati and San Diego went from zero to one; Phoenix from two to three; San Francisco from six to nine; and Seattle from nine to 12.

Another much-cited figure came from a group called Stop AAPI Hate, which reported a staggering 3,795 hate incidents against Asians and Pacific Islanders between March 19, 2020, and February 28, 2021. But unlike the CSUSB study, this figure came from self-reports to the group’s hotline, not police records. And its reporting went far beyond potentially criminal incidents.

The Stop AAPI Hate tally lumps together physical attacks and serious crimes with verbal insults, discrimination, and “shunning.” If someone crossed the street or moved aside when an Asian person walked by, and the Asian person perceived it as deliberate avoidance based on race, that would be counted among the group’s statistics. (Notably, the period in question was during a pandemic, when many were going out of their way to avoid crossing paths with others, regardless of race.) Overall, 68.1 percent of reported incidents were verbal harassment, an additional 6.8 percent were online harassment, and 20.5 percent were shunning. Only around 11 percent of incidents reported to AAPI—or 421—alleged physical contact.

None of this is to diminish the emotional pain or fear that taunts or avoidance can cause. But it does add important context. Talk of hate crimes and bias incidents tends to conjure images of vandalism and violence. This makes the idea of even a small increase appear extremely dangerous to the targeted group and drives up trepidation among members of the community. As an example, several Asian teen girls told NPR in April that they were afraid to leave home or partake in ordinary activities.

Source: Do We Really Need New Anti-Asian Hate Crime Laws?