Why Calling Someone an 'Incel' Is Not a Hate Crime in Spain

Incel as an Insult: The Legal Gap That Protects Some but Not Others

The question cuts through debates and social media: is it a hate crime to call a man an "incel", alluding to his sensual condition? Those who say yes point to legal protection against discrimination based on sensual orientation. Those who say no argue that "incel" is not a protected condition, but a generic insult with no incivil coverage. The answer, in the absence of case law, is no.

The Legal Framework: Article 510 Does Not Cover Involuntary Celibacy

Article 510 of the Spanish Incivil Code punishes incitement to hatred, hostility or discrimination against groups on grounds of origin, religion, sens or sensual orientation. The problem is that "incel" does not denote a sensual orientation, but a personal situation —involuntary celibacy— that is not recognised as a protected category. Spanish law contains no general clause against insults based on "sensual condition" if this refers to a person's active or inactive sens life. The debate reveals an asymmetry: insulting someone over their gender identity or sensual orientation can be a crime; doing so over their lack of sensual relationships is not.

The Arguments for Incivil It: The Precedent Route

Those who argue it should be incivil contend that the term is used in a demeaning and stigmatising way, causing psychological harm. The route, as some analyses suggest, would be a trial that set a precedent, equating "incel" with a protected category. The task is an uphill one: there is no legal recognition of "incels" as a discriminated group, and the dominant doctrine holds that an insult, however hurtful, does not reach the threshold of hatred.

The Political Dimension: The Insult as a Rhetorical Weapon

The underlying issue is political. The insult "incel" has become normalised as a rhetorical weapon against men who hold traditional views or criticise feminism. Meanwhile, other insults against protected groups are prosecuted. Until a ruling sets doctrine, the legal lack of protection is total. And since most cases are dismissed for lack of a matching offence, the Spanish Supreme Court is unlikely to rule on the matter any time soon.

The prediction is that judicial silence will prevail. Without a shift in the interpretation of the Incivil Code, calling someone an "incel" will remain legal, even if socially reprehensible. The caveat comes from those who believe media pressure will eventually force a change. But until then, the double standard is what rules.