SPAIN’S Supreme Court has ruled that kissing a woman’s hand without her consent can constitute sexual assault.
The landmark ruling confirms that any non-consensual physical contact with sexual intent falls under sexual assault, even in the absence of violence or intimidation.
The judgement relates to an incident on January 10, 2023, when a man approached a woman waiting at a bus stop on Avenida de España in Madrid.
According to the established facts, he took her hand without permission, kissed it, and gestured for her to accompany him while offering money.
READ MORE: Watch: Man arrested in Madrid after sexually assaulting a female reporter live on Spanish TV
The man reportedly repeated the behaviour twice during the encounter.
The Criminal Court number 25 of Madrid initially sentenced him to a fine of €1,620 for a minor sexual assault offence.
This verdict was later upheld by the Audiencia Provincial de Madrid.
The convicted man appealed to the Supreme Court, arguing that his actions should be classified as street harassment rather than sexual assault.
He claimed there was no violence, intimidation, or abuse of power, and that the incident took place in a busy public area in broad daylight.
He further argued that the victim did not express that her sexual freedom had been violated, suggesting the act caused annoyance rather than harm.
However, the Supreme Court rejected this argument, stating that the presence of physical contact is the key factor distinguishing assault from harassment.
Judges made clear that once there is any form of non-consensual touching, the offence can no longer be considered street harassment.
The court drew a legal distinction between acts directed externally, such as comments or gestures, and those involving physical contact with the victim’s body.
It ruled that touching, including holding and kissing a hand, constitutes an intrusion that a person is not obliged to endure without consent.
The judges emphasised that consent is required for any act involving physical contact of a sexual nature.
They added that the behaviour in this case had a clear sexual component, particularly as it was accompanied by a proposition.
However, the ruling was not unanimous, with two judges issuing a dissenting opinion.
They argued that the act lacked a sexual nature and was more comparable to outdated forms of greeting or courtesy.
Despite this, the majority ruling sets a clear precedent in Spanish law regarding consent and physical contact.
The case is expected to influence how similar incidents are prosecuted in the future, particularly in distinguishing between harassment and assault.
Legal experts say the decision reinforces a stricter interpretation of consent under Spain’s sexual freedom laws.
Click here to read more Spain News from The Olive Press.
Uffff,,,,I detest more,,,peoples face touching my face whilst soppy wet mouth plants kiss ON BOTH CHEEKS! in the name of hello,,,,,,much kinder on hand,,,I can wash