In a significant ruling, Spain’s Supreme Court has determined that a man kissing a woman’s hand without her explicit consent can be classified as sexual assault. This legal precedent stems from a case that originated in 2023.
The incident involved a man who approached a woman at a Madrid bus stop. He proceeded to kiss her hand and made suggestive gestures, implying she should accompany him with the promise of payment. A lower court subsequently found the man guilty of sexual assault, imposing a fine of €1,620 (£1,400; $1,858). This verdict was later upheld by Madrid’s provincial tribunal.
The convicted man challenged this decision, escalating the case to the Supreme Court. His defense argued that the interaction lacked any element of violence or intimidation. Court documents indicate the defense contended that while the woman might have felt “bothered, offended, victim of an intrusion into her comfort zone,” there was “never a clear risk for her sexual integrity.”
Furthermore, the defense pointed out the public setting of the encounter, noting its proximity to a police station and its occurrence in broad daylight. The legal team suggested that, at best, the man’s actions should have been classified as the lesser offense of harassment of a sexual nature in a public place.
However, the Supreme Court’s ruling established that the man’s conduct surpassed mere harassment. The court stated there was “a clear sexual component because he even kissed [her hand].” It elaborated that 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.”
The decision was not unanimous; two magistrates issued dissenting opinions. These judges believed that the incident did not meet the criteria for sexual assault.
According to court documents, the dissenting magistrates argued that “a kiss (or two) on the hand of another person is, in our culture, a form of greeting, now obsolete.” They further posited that such actions, along with kissing someone on the cheek or shaking their hand, “are not acts of a sexual nature.”
This ruling comes amidst a period of intense public discussion in Spain regarding the definition of sexual consent. The passage of legislation in 2022, commonly referred to as the “Only Yes Means Yes Law,” significantly emphasized the importance of consent. This law removed the requirement to prove violence or intimidation to establish sexual assault.
Another prominent case that drew considerable attention involved Luis Rubiales, the former president of Spain’s football federation. During the celebrations following the women’s team World Cup final victory in 2023, Rubiales kissed player Jenni Hermoso on the lips. Rubiales maintained the kiss was consensual, a claim Hermoso denied. The matter proceeded to court, and in 2025, Rubiales was convicted of sexual assault and subsequently fined.