Of larger rapid significance, nonetheless, is the allegation that Kerr demonstrated hostility in the direction of the PC based mostly on the truth that he was white. Owing to the whole lack of historic or systematic disempowerment of white individuals, it’s not self-evident that Kerr’s remark (if she did, in truth, say it) demonstrates a hostility in the direction of the police officer as a result of he was white. It’s laborious to think about, given her place and her partially English background, that Kerr bears hostility in the direction of white individuals typically. It appears extra possible that Kerr felt she was being harassed based mostly on her color (she has Indian ancestry additionally) and responded in variety.
And but the truth that Kerr continues to be dealing with this cost demonstrates one of many difficulties with the UK legislation: part 31 of the Crime and Dysfunction Act 1998 can probably be used towards the very individuals it’s primarily designed to guard. The fees might be introduced simply – together with by the very police constable who claims to have been racially harassed. There isn’t any authorized requirement for these costs to be accredited by the constable’s superiors or by the Crown Prosecution Service. Given the entrenched energy imbalances even when (and maybe as a result of) the accused is a extremely paid and well-known athlete, it means a white, male police officer can accuse a lady of Indian ancestry of racially motivated harassment. The world actually has been flipped on its head when this could happen.
If Kerr had engaged on this conduct in Australia it could haven’t constituted a legal offence. Underneath part 18C of the Racial Discrimination Act 1975 it’s illegal to offend or insult an individual (aside from in non-public) due to the individual’s race, color or ethnic origin. Nonetheless, infringement of this part could end in a criticism to the Australian Human Rights Fee, not a legal cost.
I’m Australian and a soccer fan. By definition, which means I’m a Sam Kerr fan. Regardless, I don’t suppose it’s my prejudices talking once I say that the costs towards her say extra concerning the UK system of justice than it says about whether or not Sam Kerr is a racist.
Marcus Hoyne is a barrister specialising in media and defamation legislation.