Spain’s Supreme Court recently ruled that a kiss without “tacit consent” can be considered sexual assault. This decision came just months before former football federation chief Luis Rubiales will stand trial over an unsolicited kiss at the Women’s World Cup. The court upheld a lower court ruling from the southern region of Andalusia, which convicted a police officer of sexual assault. The officer had kissed a woman on the cheek while she was in police custody, and he was sentenced to one year and nine months in jail. The ruling emphasizes that a “stolen kiss,” without express or implied consent, constitutes a bodily invasion and qualifies as sexual aggression. In other words, consent is crucial, and a “no” from the victim is not necessary; the absence of consent constitutes sexual assault. The issue gained prominence after Luis Rubiales kissed star player Jenni Hermoso during the medal ceremony after Spain won the World Cup in Australia last year. While Rubiales dismissed it as a consensual peck, Hermoso disagreed, leading to a legal battle.
Defenderé mi honorabilidad.
Defenderé mi inocencia.
Tengo Fe en el futuro.
Tengo Fe en la verdad.Gracias a todos. 🇪🇸https://t.co/yS9rM1HBTm
— Luis Rubiales (@LuisRubiales17) September 10, 2023