Spain's Supreme Court has ruled that a man kissing the hand of a woman without her consent can constitute sexual assault. In a case dating back to 2023, a man approached a woman at a bus stop in Madrid, kissed her hand, and made gestures to suggest she follow him and that he would pay her. A court found the man guilty of sexual assault and fined him €1,620 (£1,400; $1,858), a sanction upheld by Madrid's provincial tribunal.
The convicted man took his case to the Supreme Court, arguing that there had been no violence or intimidation in his interaction with the woman. According to court documents, he claimed the victim might have felt bothered but there was never a clear risk to her sexual integrity. He asserted that the incident occurred in a public space, near a police station, and in daylight, arguing that it constituted harassment rather than assault.
However, the Supreme Court concluded that the incident had a clear sexual component, stating that the action of kissing her hand clearly crossed the line into sexual assault. They emphasized that a woman cannot be subjected to such actions without consent. Two magistrates dissented, arguing that a kiss on the hand is a culturally accepted greeting, disputing its classification as a sexual act.
This ruling comes amid intense debate about sexual consent in Spain, particularly after the enactment of the 'Only yes means yes' law in 2022, which emphasizes affirmative consent and eliminates the need to prove violence or intimidation for sexual assault allegations. Recent high-profile cases, including one involving Luis Rubiales, have also heightened awareness and scrutiny around sexual consent and behavior.
The convicted man took his case to the Supreme Court, arguing that there had been no violence or intimidation in his interaction with the woman. According to court documents, he claimed the victim might have felt bothered but there was never a clear risk to her sexual integrity. He asserted that the incident occurred in a public space, near a police station, and in daylight, arguing that it constituted harassment rather than assault.
However, the Supreme Court concluded that the incident had a clear sexual component, stating that the action of kissing her hand clearly crossed the line into sexual assault. They emphasized that a woman cannot be subjected to such actions without consent. Two magistrates dissented, arguing that a kiss on the hand is a culturally accepted greeting, disputing its classification as a sexual act.
This ruling comes amid intense debate about sexual consent in Spain, particularly after the enactment of the 'Only yes means yes' law in 2022, which emphasizes affirmative consent and eliminates the need to prove violence or intimidation for sexual assault allegations. Recent high-profile cases, including one involving Luis Rubiales, have also heightened awareness and scrutiny around sexual consent and behavior.
