Editor's Note: This paper in part of the COVID-19 Paper Series collaboration with UCL Jill Dando Institute of Security and Crime Science. All papers in the series focus on the implications of the COVID-19 pandemic for police agencies and other organizations with an interest in the topic.
by Manja Nikolovska, Shane Johnson, Dawes Centre for Future Crime at UCL
The spread of COVID-19 has led to a surge in COVID-19-themed assaults on key workers and members of the public. Targeted coughs, sneezes, even spitting, by individuals who claim to be infected with the virus have been recorded. Verbal abuse and violent hate crimes directed at Asian communities, other workers, as well as people who may be showing symptoms have also been noted. The perceived threat of the virus and its symptoms may trigger violent behaviour. It may also be weaponized. As lockdown is relaxed, such occurrences may increase.
Violent crime includes a wide spectrum of offences that cause physical or psychological harm, ranging from verbal assault to murder.
Using biological agents to harm an individual or group is one form of violent (bio) crime. While research on bio-crimes targeting individuals is sparse, they are usually motivated by revenge or monetary gain, rather than larger-scale socio-political motives such as religion or ideology that can usually be linked to bio-terrorism. With COVID-19 we seem to be facing quite an unprecedented situation in which an assault is performed with potentially bio-harmful agents, through coughs and sneezes.
Large-scale socio-political disruptions have been known to cause spikes in violent crimes. In 2016, the Brexit referendum triggered a rise in hate crimes across the UK. NPCC statistics recorded a 58% increase in hate crimes, triggered by racism and xenophobia. Islamophobic hate crimes rose immediately after the 9/11 attacks. The 2003 SARS outbreak triggered racist discrimination and harassment against Asian communities, as it was believed that they were likely virus carriers. In the case of COVID-19 there is anecdotal evidence that individuals of Chinese extraction have been harassed.
Research has warned that there is lack of guidance on reporting, processing and investigating suspected bio-crimes.
Research on the 2003 SARS epidemic found that in stressed communities experiencing fear and anxiety, collapse in social relationships and organisation may occur. It also found that in a state of uncertainty, people may feel it too risky to maintain relationships based on trust and reciprocity, and become more likely to adopt defensive strategies. These include violent behaviour, such as hate crime.
While the COVID-19 coughs have thus far been charged as battery, the novelty of “COVID-19 coughs” creates challenges for criminal law and policy. The investigation of such crimes may be hindered by a lack of COVID-19 tests and of a chain of evidence. The prevalence of the virus makes everyone a potential threat. Moreover, such attacks can have lethal consequences for the victim and/or everyone in close proximity to the victim. The measure of "actual bodily harm" from such attacks is up for debate. Policy makers have been urging sentencing reappraisal for battery on key workers. However, COVID-19 assaults may require legal reconceptualization to reflect the gravity of the intended and actual harm from these attacks.
Ideas in response
• Define the COVID-19 coughs as bio assault or bio violence and develop clear guidance on reporting and sentencing.
• As lockdown is relaxed, police should be alert to such bio and hate crimes in locations where people could feel higher anxiety for contracting the virus. For example, busy locations within confined space (trains, buses), or where queuing will be necessary (banks, airports etc). At these locations, it may be worth employing deterrence strategies, such as posters to draw attention to the use of CCTV monitoring for such behavior, its criminality and consequences.
• Raise awareness on disease racialization.