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, or a victim of an intrusion into her comfort zone, but there was never a clear risk for her sexual integrity. He also contended that the incident occurred in a public place, near a police station and in full daylight. At most, his actions, his legal team claimed, constituted the lesser crime of harassment of a sexual nature in a public place.
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 declared that a woman cannot tolerate being subjected to a man taking her hand and kissing her without consent in acts that have a clear and obvious sexual connotation.
Two of the magistrates issued dissenting votes, believing that the incident did not amount to sexual assault. They stated, A kiss (or two) on the hand of another person is, in our culture, a form of greeting, now obsolete, arguing these actions, along with kissing someone on the cheek or shaking their hand, are not acts of a sexual nature.
This ruling comes amid ongoing discussions regarding sexual consent in Spain, particularly following the enactment of the Only yes means yes law in 2022, which emphasizes the necessity of consent without the need for proof of violence or intimidation. Additionally, in 2023, Spain's football federation president, Luis Rubiales, faced condemnation when he kissed player Jenni Hermoso during a celebration, leading to his conviction for sexual assault in 2025, despite his claims of consent.
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, or a victim of an intrusion into her comfort zone, but there was never a clear risk for her sexual integrity. He also contended that the incident occurred in a public place, near a police station and in full daylight. At most, his actions, his legal team claimed, constituted the lesser crime of harassment of a sexual nature in a public place.
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 declared that a woman cannot tolerate being subjected to a man taking her hand and kissing her without consent in acts that have a clear and obvious sexual connotation.
Two of the magistrates issued dissenting votes, believing that the incident did not amount to sexual assault. They stated, A kiss (or two) on the hand of another person is, in our culture, a form of greeting, now obsolete, arguing these actions, along with kissing someone on the cheek or shaking their hand, are not acts of a sexual nature.
This ruling comes amid ongoing discussions regarding sexual consent in Spain, particularly following the enactment of the Only yes means yes law in 2022, which emphasizes the necessity of consent without the need for proof of violence or intimidation. Additionally, in 2023, Spain's football federation president, Luis Rubiales, faced condemnation when he kissed player Jenni Hermoso during a celebration, leading to his conviction for sexual assault in 2025, despite his claims of consent.
