Spain’s Supreme Court has ruled that a kiss without “tacit consent” can constitute sexual assault, a decision upheld following a case in Andalusia where a police officer was convicted for kissing a woman in custody.
The court emphasized that any non-consensual kiss, even fleeting, represents an invasion of bodily autonomy, stating that consent is paramount and a “no” from the victim is not required to establish a lack of consent.
This ruling comes just ahead of the trial of former football federation chief Luis Rubiales, accused of kissing player Jenni Hermoso without her consent during a World Cup medal ceremony.
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Rubiales faces trial in February, with prosecutors seeking a two-and-a-half-year sentence for sexual assault and coercion. Rubiales has disputed the characterization, maintaining it was consensual.