The Supreme Court of Spain has ruled that a kiss without "tacit consent" may be classified as sexual assault. This decision comes just months before former football federation chief Luis Rubiales is set to stand trial for an unsolicited kiss at the Women's World Cup. The Supreme Court's ruling upheld a lower court decision in Andalusia, which convicted a police officer of sexual assault for kissing a woman on the cheek while she was in police custody. The officer was sentenced to one year and nine months in jail.
In the context of attempting to kiss a woman, it is not sufficient for the victim to simply say "no." Rather, in order to preveThe debate over whether an unsolicited kiss can be classified as sexual assault has become a controversial subject in Spain. This discussion was sparked by an incident involving Rubiales, who received global backlash for kissing star player Jenni Hermoso on the lips without her consent during the medal ceremony following Spain's victory over England in the World Cup in Australia last year.
Rubiales, 46, initially dismissed the kiss as a "consensual" gesture, while Hermoso, 34, stated that it was not.
nt a crime from occurring, explicit consent is required. The crucial factor is consent, to the extent that without it, any action can be considered as sexual aggression.
Rubiales is scheduled to go on trial from February 3 to 19 for the kiss incident. Public prosecutors are seeking a two-and-a-half-year prison sentence for Rubiales - one year for sexual assault and 18 months for coercion.
The ex-federation chief, who resigned from his position last year amidst the scandal, expressed his disbelief in an interview with Spanish television station La Sexta in April. He stated that he did not understand how the incident could be classified as sexual assault, as there was no sexual intention behind it.
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