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