In brief
In a landmark decision, the Supreme Court of Spain has determined that a man kissing a woman's hand without her consent constitutes sexual assault. The case involved an incident from 2023 in Madrid where the accused approached a woman at a bus stop. The ruling challenges cultural norms surrounding gestures and underscores the legal emphasis on consent, catalyzed by recent legislative reforms.
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 suggesting 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 argued that the incident occurred in a public place, near a police station, and in full daylight, suggesting it constituted the lesser crime of sexual harassment.However, the Supreme Court found that the encounter had exceeded mere harassment, stating that there was 'a clear sexual component because he even kissed [her hand].' It concluded that a woman cannot tolerate being subjected to a man taking her hand and kissing her without consent.Two of the magistrates issued dissenting votes, believing the incident did not constitute sexual assault. They argued that such gestures, historically a form of greeting, should not be classified as sexual in nature.The ruling comes amid ongoing debates in Spain about sexual consent, particularly following the enactment of the 'Only yes means yes law' in 2022, which emphasizes the importance of consent in sexual interactions. This reform reflects a societal shift towards prioritizing women's rights, especially in the context of public and private interactions.
