Criminal Law

Crim. Law Journal VOLUME 24, EDITION 1, SPRING 2024

FROM INVISIBILITY TO HYPER-VISIBILITY: HOW HATE CRIME LEGISLATION MAY BETTER REDRESS AND DETER ANTI-ASIAN HATE CRIMES

Written by Emmalee Johnston1

INTRODUCTION

During World War II, Susan Ahn Cuddy felt a strong duty to serve in the U.S. Navy.2 Despite initial rejection due to anti-Asian bias, Susan persisted and ultimately joined the Navy in 1942 by enlisting in WAVES (Women Accepted for Emergency Volunteer Service).3 Susan became the first woman and the first Asian American lieutenant to serve in the United States Navy.4 She went on to serve as the first Asian American female flight instructor,5 teaching air combat tactics to white men in a time when anti-Asian sentiment was rampant.6 Eventually, she became the first female Gunnery Officer in the United States Armed Forces.7 Her incredible story, while plainly deserving of national recognition, is omitted from most U.S. history textbooks and classrooms. Her unrecognized feats provide an articulable example of the persistent invisibility of the Asian American experience in this country.

Then, from invisibility to hyper-visibility, Asian Americans suddenly found themselves the victims of violent attacks in the wake of the COVID-19 Pandemic. An Asian American woman in Brooklyn was doused in acid while emptying her garbage, suffering second degree burns.8 An Asian American family, including their six-year-old child, were stabbed while shopping at Sam’s Club in Texas, the perpetrator of which admits to attacking the family because they were Chinese, and thus "responsible" for COVID-19.9 Asian Americans are at once the unseen example of how other minorities in America should behave, as well as a scapegoat for economic problems and times of hardship.

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