Spain's Supreme Court rules hand-kissing without consent can be sexual assault

Kissing a woman’s hand without her consent can now be classified as sexual assault in Spain, according to the Supreme Court. Following a conviction for a similar incident in Madrid, it's crucial to understand these new legal implications moving forward.

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Spain's Supreme Court rules hand-kissing without consent can be sexual assault

Get you up to speed: Spain’s Supreme Court rules hand-kissing without consent can be sexual assault

A man in Spain was found guilty of sexual assault for kissing a woman’s hand without her consent, resulting in a £1,400 fine. The Supreme Court ruled that the act had “a clear sexual component” and stated that a woman cannot tolerate such behaviour without consent.

In 2023, Spain’s Supreme Court ruled that a man kissing a woman’s hand without her consent could be classified as sexual assault, emphasising the encounter’s “clear sexual component.” Two magistrates disagreed, suggesting that hand-kissing was a traditional form of greeting in Spanish culture, now considered “obsolete.”

Spain’s Supreme Court has established that kissing a woman’s hand without her consent can be classified as sexual assault, as demonstrated by a case in which a man was fined £1,400 after kissing a woman’s hand at a bus stop in Madrid. The ruling underscores the court’s stance that such an act carries a “clear sexual component,” despite dissenting opinions regarding cultural norms.

Kissing a woman’s hand without consent is now sexual assault in Spain | News World

Loving couple sitting in a restaurant with a meal being served, and the boyfriend is kissing his girlfriend's hand.
Kissing a woman on the hand could now be considered sexual assault in Spain (Picture: Getty Images)

A man kissing the hand of a woman without her consent could be sexual assault, Spain’s Supreme Court has said.

In 2023 a man approached a woman at a bus stop in Madrid, kissed her hand, and told her to follow him while indicating he would pay her.

He was found guilty of sexual assault and fined £1,400.

The man took the case to the Supreme Court, arguing there had been no violence or intimidation.

He argued the woman ‘might have felt bothered, offended, victim of an intrusion into her comfort zone, but there was never a clear risk for her sexual integrity’.

The defence team argued that, at most, the encounter constituted harassment of a sexual nature in a public place.

But the Supreme Court found the encounter had ‘a clear sexual component because he even kissed [her hand].’

They added: ‘[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 magistrates disagreed, saying the kissing of a hand is part of ‘Spanish culture’ and akin to shaking someone’s hand.

They said: ‘A kiss (or two) on the hand of another person is, in our culture, a form of greeting, now obsolete.’

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Responses

    Sarah Mitchell·

    Great article! This really puts things into perspective. I appreciate the thorough research and balanced viewpoint.

    James Anderson·

    Interesting read, though I think there are some points that could have been explored further. Would love to see a follow-up on this topic.

    Emma Thompson·

    Thanks for sharing this! I had no idea about some of these details. Definitely bookmarking this for future reference.

    Michael Chen·

    Well written and informative. The examples provided really help illustrate the main points effectively.

    Olivia Rodriguez·

    This is exactly what I was looking for! Clear, concise, and very helpful. Keep up the excellent work!

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