Expert claims Kanye West’s actions do not meet the legal standards for prosecution

Entertainment
Alexis N. Crockett
February 10, 2025
0
241
7 minutes read

(Photo by Frazer Harrison/Getty Images)

Kanye West has come under heavy criticism for a series of controversial social media posts targeting both his wife, Bianca Censori, and the Jewish community. While the backlash has led to calls for legal action against the rapper, a legal expert told Radar Online that his remarks do not meet the criteria for hate crimes or domestic abuse under California law. “The posts are obviously hateful, but don’t qualify as a hate crime or domestic abuse crime,” the expert explained.

According to California law, for a statement to be classified as a hate crime, it must involve a criminal act motivated by the victim’s race, religion, gender, or other protected characteristics. “California Penal Code section 422.55 defines a ‘hate crime’ as a criminal act committed because of the characteristics of the victim – disability, gender, nationality, race, ethnicity, religion, or sexual orientation,” the expert stated.

Furthermore, the expert noted that the law prohibits threats or violence but does not criminalize offensive speech alone. “Spouting off hateful rhetoric, itself, is not a crime. Here, Ye is not making direct threats against anyone, or encouraging people to act out in a violent way against a specific person or group of people,” the legal source clarified.

The Anti-Defamation League (ADL) has previously linked West’s inflammatory statements to a rise in antisemitic incidents, but the expert pointed out that it remains unclear whether his latest posts will have a similar impact. “The ADL quote mentions that there were 30 antisemitic incidents tied to Ye’s 2022 rants, but it doesn’t specify whether any of those incidents were violent or otherwise criminal in nature, and it is too early to tell whether these posts will have such an effect,” the source explained.

kanye — Kanye West and Bianca Censori attend the 67th Grammy Awards on February 2, 2025, in Los Angeles, California (Frazer Harrison/Getty Images)

Regarding his posts about Bianca Censori, the expert dismissed the idea that his remarks could lead to legal scrutiny. “The only person specifically mentioned by name in his posts is his wife. To this end, you asked whether his quote about having ‘dominion’ over his wife could lead to questioning. My belief is, no.”

The legal expert interpreted West’s comments as religious references rather than threatening statements. “His quote about having ‘dominion’ over his wife is like a Biblical reference. Then, his quotes praising his wife’s ‘bravery body platform’ and touting himself as ‘a husband that supported (their) personal expression’ make his ‘dominion’ quote seem less offensive,” they noted.

In terms of domestic abuse, the expert emphasized that California law requires physical harm for such charges to apply. “Section 273.5 of the Penal Code requires the infliction of physical injury for a domestic abuse charge, so that would not apply, nor does it seem that his wife is alleging anything of the sort.”

Summing up the situation, the legal analyst concluded, “All in all, in my view, Ye continues to offend and show signs of compromised mental health but hasn’t done anything that constitutes a crime.”