Kissing a Woman's Hand Without Consent Now Sexual Assault in Spain

In 2023, a man approached a woman at a bus stop in Madrid, kissed her hand, and indicated that she should follow him, implying he would pay her. This incident led to a complaint and subsequent trial. The man was found guilty of sexual assault and fined £1,400.

The man's defense argued that there was no violence or intimidation in the act.

The man took the case to the Supreme Court, arguing that there was no violence or intimidation. He argued that 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 defense team argued that, at most, the encounter constituted harassment of a sexual nature in a public place.

However, the Supreme Court found the encounter had 'a clear sexual component because he even kissed [her hand]'. They added 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.'

Two magistrates expressed their disagreement with the majority decision, noting that kissing the hand is part of 'Spanish culture' and similar to shaking someone's hand. They argued that 'A kiss (or two) on the hand of another person is, in our culture, a form of greeting, now obsolete.' This minority opinion highlights the complexity of interpreting social norms in the legal context.

The ruling by the Supreme Court of Spain emphasizes the need for explicit consent in any physical interaction, even in gestures that are traditionally considered polite. This ruling could have significant implications for how acts of physical contact are interpreted and judged in the future. The decision seeks to protect the integrity and autonomy of women, setting a clear boundary on what is considered acceptable in social interactions.

This case has sparked an intense debate in Spain about the limits of consent and the relevance of cultural customs in the interpretation of laws. The discussion focuses on whether a traditional gesture like kissing the hand can be considered sexual assault if there is no explicit consent. The Supreme Court's decision reflects a shift in the social and legal perception of consent, prioritizing individual autonomy over cultural norms.