MADRID: Spain’s Supreme Court has ruled that kissing a woman’s hand without her consent can be considered sexual assault under the law.
The ruling comes from a case in 2023, where a man approached a woman at a bus stop in Madrid, kissed her hand, and made gestures suggesting she should go with him in exchange for money.
A lower court found the man guilty of sexual assault and fined him €1,620. The decision was later upheld by a provincial court before being taken to the Supreme Court.
The accused argued that his actions did not involve violence or intimidation and should not be classified as sexual assault. His legal team claimed the incident may have been inappropriate but did not pose a threat to the woman’s sexual integrity.
However, the Supreme Court rejected this argument. Judges stated that the act had a “clear sexual component,” and emphasized that any such behavior without consent cannot be tolerated.
The court made it clear that even seemingly minor physical actions can qualify as sexual assault if they involve unwanted contact with a sexual nature.
Two judges disagreed with the ruling, saying that a hand kiss has traditionally been a form of greeting and not necessarily sexual. However, the majority opinion stood.
The decision reflects broader changes in Spanish law, especially after the 2022 “only yes means yes” legislation, which focuses on clear consent rather than the presence of violence or force.
The issue of consent has been widely discussed in Spain in recent years, especially after high-profile cases such as the controversy involving Luis Rubiales and Jenni Hermoso, where a non-consensual kiss led to legal action and a conviction.
Experts say the ruling reinforces the importance of consent in all forms of physical interaction and signals a stricter legal approach to protecting personal boundaries.
