OCA - GREATER SEATTLE CHAPTER

EMBRACING THE HOPES AND ASPIRATIONS OF CHINESE AND ASIAN PACIFIC AMERICANS IN THE UNITED STATES

Hate Crime

Hate Crime: as defined by Washington State Law

A hate crime is any criminal act or attempted act directed against a person(s) -- based on the victim's actual or perceived race, nationality, religion, sexual orientation, disability or gender -- that causes injury to the victim(s) or damage to property, or threatens the victim(s) enough that the act causes fear of physical harm to the victim or property.

A hate crime in Washington State falls under Malicious Harassment laws (RCW 9A.36.080).
A person is guilty of malicious harassment if he/she maliciously and intentionally commits one of the following acts because of his/her perception of the victim's race, color, religion, ancestry, national origin, gender, sexual orientation, or mental, physical, or sensory handicap.

a) Causes physical injury to the victim or another person;
b) Causes physical damage to or destruction of the property of the victim or another person; or
c) Threatens a specific person or group and places that person or group in reasonable fear of harm to person or property. That fear must be a fear that a reasonable person ( in the identified groups) would have under all circumstances.

Examples of Hate Crimes
Words alone do not constitute malicious harassment unless the context or circumstances surrounding the words indicate the words are a threat.
·  Acts that result in injury or death and involve some behavior that indicates it is race, nationality, religion, sexual orientation, disability or gender motivated. You are called a "Chink" or "Chinaman," and assaulted and injured (even slightly such as scratched or pin pricked) or killed.
·  There is a threat of violence. For instance, someone says to you that they hate Chinese or Asians and either says they would like to beat you (or kill you) or picks up a stick or rock and makes a threatening jesture with it. Another instance is when someone writes to you and makes similar threats because of your nationality, race, etc.
·  Acts that result in property damage, such as if someone paints a derogatory word on your wall or burns a cross on your property and damages your grass, flowers or shubbery.

 What is a “Hate Incident?”
Hate incidents are similar to hate crimes in that the act is directed against a person or persons based on the victim's actual or perceived race, nationality, religion, sexual orientation or disability.
The difference between a hate crime and hate incident is that a hate incident is a non-criminal act. The following are examples of hate incidents:
1. Offensive jokes or name calling without the threat of violence.
2. Someone uses the word "Chinamen" or "gook" or calls you "Chink."
3. Posting racial slurs or displaying hate material that does not result in property damage.
4. Someone places signs that say, "Chinks go home" on an office building.

 Here is what to do if you are a victim of a hate crime, or you have witnessed a hate crime
1. If you are injured, call 911 or get medical assistance.
2. Report the crime to the police by calling 911, or go to your neighborhood police station, and explain that you are a victim of a hate crime.
3. Tell and document the hate crime in detail. If you can, give the officer the exact wording of what was said. If there were witnesses, point them out to the police.
4. Photograph and maintain evidence of the crime.
5. Write down the facts.
6. Obtain a copy of the police report for your records.
7. Alert organizations such as the Organization of Chinese Americans, who deal with hate crimes
8. Alert your local County Prosecutor. In Washington State, the County Prosecutor is responsible for prosecuting hate crimes (i.e. malicious harassment).

It is very important to report hate crimes!
1. Reporting a hate crime informs public officials and police of the scope of the problem of hate crimes in the community.
2. It reinforces the notion that hate crimes are not to be dismissed as "pranks" or "jokes,” and underlies the need for stronger hate crime laws and penalties.
3. To not report a hate crime increases the attackers' belief that they can continue to commit them.
Remember: Not reporting hate crimes belies the actual scope of such crimes.

Support hate-crime victims
Hate crime victims can experience emotional trauma, resulting in fear, degradation and personal violation. Support hate-crime victims and let them know you care and that they are not alone.

Prevent hate crimes
1. Report hate crimes to the police and groups such as the Organization of Chinese Americans.
2. Support victims of hate crimes.
3. Speak up against hate crimes.
4. Help educate and mobilize the community against hate.
5. Work with the police department to arrest perpetuators.
Notify your family, cultural, and social groups.
OCA-GS Hate Cirme Brochure - Chinese