Spain's high court has determined kissing someone's hand without permission amounts to sexual assault, progressing from merely street harassment.
The Supreme Court's decision, issued on March 5, confirmed the conviction of a man who approached a woman at a bus stop in Alcobendas, near Madrid, in 2023.
He kissed her hand without consent while gesturing for her to accompany him and offering her money.
Defence lawyers had argued the offence should be downgraded to street harassment, but judges rejected this, ruling that any unwanted physical contact with sexual undertones exceeds that classification.
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The court stated the man had "acted with the intention of violating her sexual integrity".
He was ordered to pay a fine exceeding £1,280, upholding the original sentence.
In its ruling, the court elaborated that the incident constituted "contact of a sexual nature and tone that the victim had no obligation to endure".
Judges found the behaviour carried "clearly sexual content" and represented "an infringement upon the victim by reducing her to an object".
Unwanted hand kissing ruled sexual assault by Spanish court with hefty fines imposed upon conviction (file pic)
|GETTY
The woman had been waiting at the bus stop when the man approached her, kissed her hand uninvited, and attempted to persuade her to leave with him while proffering cash.
The court's reasoning centred on the sexual motivation behind the physical contact, distinguishing it from lesser offences such as verbal harassment or intimidation.
By confirming the original conviction, the Supreme Court reinforced that even seemingly minor unwanted physical acts can meet the threshold for sexual assault under Spanish law.
Spain has positioned itself at the forefront of efforts to tackle gender-based violence.
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In 2022, the country strengthened its rape legislation by mandating explicit consent for all sexual activity.
This legal reform came after sustained pressure from survivors and organisations advocating for women's rights.
The updated framework means that sexual acts require clear agreement from all parties involved, shifting the burden away from victims having to prove they resisted.
The Supreme Court's ruling on the hand-kissing incident reflects this broader legal approach, where the absence of consent is central to determining whether an offence has occurred.
Spanish courts have increasingly applied these principles to cases involving unwanted physical contact, regardless of how minor the act might appear.
The ruling follows another high-profile consent case in Spain involving former Spanish Football Federation president Luis Rubiales.
Earlier this year, a court found Rubiales guilty of sexual assault for kissing footballer Jenni Hermoso on the lips without her consent during the 2023 Women's World Cup victory celebrations in Sydney.
He received a £10,800 fine and was banned from approaching Ms Hermoso within 200 metres for twelve months.
The incident sparked widespread debate about sexism and consent, with Hermoso receiving death threats before Rubiales eventually stepped down from his position.
Hermoso told the court the episode had profoundly disrupted her life and affected her family.
"I'm a world champion but it seems that even to this day my life has been on standby," she said, "I honestly haven't been able to live freely".