A sensational verdict in Spain: kissing a hand without consent equated to sexual violence 0 10

The Spanish Supreme Court shocked many by declaring that a kiss on the hand, made without explicit consent, is an act of sexualized violence. This sensational verdict was reported by the BBC.

A notable precedent of 2023

This historic verdict culminated a case that began in 2023. At that time, in Madrid, right at a bus stop, a man kissed a stranger's hand twice and then gestured for her to follow him, promising financial reward. The woman, feeling offended, immediately turned to the local court. The court supported her side, finding the man guilty and imposing a fine of 1,620 euros. The accused, of course, attempted to appeal this decision, but the Supreme Court was unwavering and upheld the verdict.

Defense arguments and court verdict

During the trial, the accused insisted that, although the woman "might have felt offended, insulted, a victim of an invasion of personal space, there was no threat to her sexual integrity." His defenders emphasized that the incident occurred in broad daylight, in a crowded place, very close to a police station, and demanded to reclassify the charge to a less serious one — ordinary harassment in a public place.

However, the court categorically rejected these arguments, emphasizing the "clear sexual undertone" in the man's actions, particularly in the kiss on the hand itself. Three out of five judges in the Second Chamber unequivocally supported this decision. However, there were two dissenting judges who considered such a gesture merely an outdated but harmless form of greeting.

Echoes of the past: the Rubiales scandal

This resonant verdict instantly stirred public memory, recalling a similar, but even more high-profile incident that occurred three years earlier. This refers to the scandal involving then-president of the Spanish Football Federation, Luis Rubiales. During the celebration of the national women's team after their triumph at the World Cup, he kissed player Jennifer Hermoso on the lips without permission. Initially, the athlete publicly stated that she saw nothing reprehensible in the incident and even approached the situation with humor. However, she later candidly admitted that the kiss deeply offended her and regarded it as a clear form of sexual violence.

Rubiales himself initially claimed that his actions carried no malicious intent. Soon, he issued a public apology, and then, under intense public pressure, was forced to resign. This incident received extensive media coverage, and the case went to court. Ultimately, in February of last year, Rubiales was officially found guilty of sexualized violence and sentenced to a fine exceeding 10,000 euros.