Kissing a Woman’s Hand Can Be Sexual Assault, Spanish Court Rules

Spain’s Supreme Court has determined that a man kissing a woman’s hand without her agreement can be classified as sexual assault. The decision emerged from a case originating in 2023, where a man approached a woman at a Madrid bus stop, kissed her hand, and gestured for her to follow him, suggesting he would cover the cost. The court found him responsible and imposed a fine of €1,620 (£1,400; $1,858), which was later affirmed by Madrid’s provincial tribunal.

Defendant Argued for Less Severe Charge

The accused contested the ruling, asserting that his actions lacked violence or coercion. In court documents, his legal team claimed the woman “might have felt annoyed or offended, but there was no direct threat to her sexual autonomy.” They emphasized that the incident occurred in a public space, close to a police station and under daylight, arguing it amounted to sexual harassment rather than assault.

“A kiss (or two) on the hand of another person is, in our culture, a form of greeting, now obsolete,” two magistrates noted, stating that such gestures, alongside cheek kisses or handshakes, are not inherently sexual.

Legal Shift Reflects Consent-Centric Approach

The case underscores a broader legal movement in Spain. Since 2022, the “Only yes means yes law” has redefined sexual assault by prioritizing consent over proof of physical force. This change was pivotal in the ruling, as the court highlighted that the act of kissing the hand carried a “clear sexual connotation.”

Spain’s football federation president, Luis Rubiales, faced similar scrutiny in 2023 when he kissed player Jenni Hermoso on the lips after her World Cup win. He claimed the act was consensual, but Hermoso disputed this. The matter reached court, and in 2025, Rubiales was convicted of sexual assault and fined.

Supreme Court Emphasizes Sexual Intent

In its judgment, the Supreme Court stated that the encounter transcended mere harassment, citing the “clear sexual component” of the kiss. The court noted that a woman “cannot tolerate being kissed on the hand without permission in situations with explicit sexual undertones.”