A kiss given without “express or implied consent” constitutes sexual assault, the Spanish Supreme Court ruled on Tuesday.
The court’s ruling upheld a lower court’s ruling sentencing a police officer to nearly two years in prison after he kissed a woman on the cheek while she was in custody, Agence France-Presse, reports.
“It is clear that the fleeting contact of a non-consensual kiss represents a bodily invasion,” noted the court, according to AFP. “A “no” from the victim is not necessary to attempts to kiss a woman, but rather, for there to be no crime, what is needed is consent. The key is consent, to the point that if consent was not given, sexual assault has occurred.
The subject is attracting attention in Spain since the former president of the Royal Spanish Football Federation, Luis Rubiales, is to be tried in February after he forcibly kissed a Spanish footballer, Jennifer Hermoso, on the lips without her consent during a medal ceremony.
The kiss sparked international outrage over what happened called a “Me Too” moment for women’s football. Mr. Rubiales was banned from the football organization in October, as reported by the Sun. reported, and risks up to four years in prison. After resigning from his position, Mr. Rubiales promised to defend his honor and innocence job on X.
