Kissing someone’s hand without their consent has been ruled as sexual assault by Spain‘s top court. The Supreme Court earlier in March upheld a conviction that a man who kissed a woman’s hand at a bus stop in Madrid in 2023 had committed sexual assault. He had also gestured to her to follow him and offered the woman money.
His legal team wanted the court to recognise the act as street harassment, but judges ruled any physical contact of a sexual nature went beyond that. In their ruling dated March 5, they said the man « acted with the intention of violating her sexual integrity ».
According to the Daily Mail, the ruling added: « There was therefore an act of sexual assault, insofar as the action describes contact of a sexual nature and tone that the victim had no obligation to endure ».
It found there was « clearly sexual content and an infringement upon the victim by reducing her to an object ».
The Supreme Court ordered the man to pay a fine of over £1,280, imposed on him as a result of his original conviction.
Legislation known as the « only yes means yes » law came into effect in Spain in October 2022. Under the law, lack of consent was made key in assault cases.
The law dropped the lesser charge of sexual abuse and categorised all violations as sexual assault, which includes harsher punishments.
Mr Rubiales was fined more than £8,680 (10,000 euros), but was acquitted of coercion charges along with three co-defendants.
Prosecutors had argued for a prison sentence and insisted on a retrial, but both requests were dismissed. The case sparked debate across Spain about sexism in the country and women’s football.
Mr Rubiales had argued what he did was a result of uncontrollable joy, but the court ruled his restraint with others showed he could have avoided kissing Ms Hermoso, according to the Reuters news agency.
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