The Supreme Court of Spain has set a legal precedent by recognising a kiss on the hand without voluntary consent as a form of sexual violence. According to the ruling, such actions cannot be treated as a minor offence if they carry an “obvious sexual connotation.”
In 2023, at a bus stop in Madrid, a man approached a woman he did not know, kissed her hand, and used gestures to suggest sex in exchange for money. A lower court fined him €1,620, but he appealed the decision. His defense argued that the incident took place during the day in a public setting, involved no intimidation, and constituted merely an “invasion of personal space,” rather than a violation of sexual integrity.
The Supreme Court rejected the appeal, ruling that a woman is not obliged to tolerate physical contact of a sexual nature. The judges emphasised that a hand kiss, combined with an indecent proposition, constitutes an act of violence against a person’s autonomy and will.
