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 that dates 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 that was upheld by Madrid's provincial tribunal.
The convicted man took the 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 argued that the victim 'might have felt bothered, offended, victim of an intrusion into her comfort zone, but there was never a clear risk for her sexual integrity'. He also suggested that the incident occurred in a public place, near a police station and in full daylight, and at most constituted harassment of a sexual nature.
However, in its ruling, the Supreme Court found that the encounter had exceeded mere harassment, stating that there had been 'a clear sexual component because he even kissed [her hand].' The Court emphasized that a woman cannot tolerate being subjected to a man taking her hand and kissing her without consent in acts with a clear sexual connotation.
Two magistrates issued dissenting votes, believing the incident was not sexual assault, arguing that a kiss on the hand is a form of greeting in their culture and does not constitute an act of a sexual nature.
This ruling comes amidst ongoing debates about sexual consent in Spain, particularly following legislation known as the 'Only yes means yes law' that emphasizes consent, eliminating the need to prove violence for a case to be deemed sexual assault. The topic gained significant attention earlier when a prominent football figure was convicted of sexual assault for an unsolicited kiss.
In a case that dates 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 that was upheld by Madrid's provincial tribunal.
The convicted man took the 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 argued that the victim 'might have felt bothered, offended, victim of an intrusion into her comfort zone, but there was never a clear risk for her sexual integrity'. He also suggested that the incident occurred in a public place, near a police station and in full daylight, and at most constituted harassment of a sexual nature.
However, in its ruling, the Supreme Court found that the encounter had exceeded mere harassment, stating that there had been 'a clear sexual component because he even kissed [her hand].' The Court emphasized that a woman cannot tolerate being subjected to a man taking her hand and kissing her without consent in acts with a clear sexual connotation.
Two magistrates issued dissenting votes, believing the incident was not sexual assault, arguing that a kiss on the hand is a form of greeting in their culture and does not constitute an act of a sexual nature.
This ruling comes amidst ongoing debates about sexual consent in Spain, particularly following legislation known as the 'Only yes means yes law' that emphasizes consent, eliminating the need to prove violence for a case to be deemed sexual assault. The topic gained significant attention earlier when a prominent football figure was convicted of sexual assault for an unsolicited kiss.
