In a recent ruling, Spain’s Supreme Court declared that a kiss without "tacit consent" can potentially be classified as sexual assault. This decision comes shortly before the upcoming trial of former football federation chief Luis Rubiales, who is facing charges related to an unsolicited kiss incident at the Women’s World Cup.
The Supreme Court affirmed the decision of a lower court in Andalusia, confirming the conviction of a police officer for sexual assault. The officer was sentenced to one year and nine months in jail for kissing a woman on the cheek while she was in police custody.
A non-consensual kiss, commonly known as a 'stolen kiss', is considered sexual assault as it constitutes a bodily invasion without express or implied consent. The momentary nature of the non-consensual kiss does not diminish its impact as a form of sexual assault.
The debate surrounding whether an unsolicited kiss constitutes sexual assault has garnered significant attention in Spain. This discussion was sparked by an incident involving Rubiales, who kissed star player Jenni Hermoso on the lips during the medal ceremony after Spain's victory over England in the World Cup held in Australia last year.
While Rubiales initially dismissed the kiss as consensual, Hermoso, aged 34, contested this claim. In September, she brought legal action against Rubiales, alleging that she had been pressured to defend him during the return flight from Australia and during a team holiday in Ibiza, Spain.
Rubiales is scheduled to go on trial from February 3 to 19 for an incident involving a kiss. The public prosecutors are seeking a two-and-a-half-year prison sentence for Rubiales – one year for sexual assault and 18 months for coercion. Source: Vanguard Newspaper.