Kissing someone without ‘tacit consent’ can be considered sexual assault, Spain’s Supreme Court has ruled, just weeks before former football federation chief Luis Rubiales is due to stand trial over his unsolicited kiss at the Women’s World Cup.
The court upheld a ruling by a lower court from the southern region of Andalusia, which convicted a police officer of assault and sentenced him to one year and nine months in prison for kissing a woman on the cheek who was in police custody.
“A ‘stolen kiss’, and therefore without express or implied consent, in reality constitutes sexual violence,” the court said, adding that “it is clear that the fleeting contact of a non-consensual kiss represents a bodily invasion.”
‘A ‘no’ from the victim is not necessary when attempting to kiss a woman, but consent is required for there not to be a crime. The key is consent, to the point that if consent is not given then there is sexual aggression.”
The question of whether an unwanted kiss can be considered sexual assault has been debated in Spain since Rubiales sparked worldwide outrage by kissing star player Jenni Hermoso on the lips during the medal ceremony after Spain defeated England in the World Cup in Australia last year.
President of the Royal Spanish Football Federation Luis Rubiales (R) kisses Jennifer Hermoso of Spain (L) during the medal ceremony of the FIFA Women’s World Cup Final on August 20, 2023
Former head of the Royal Spanish Football Federation (RFEF), Luis Rubiales, arrives at the National Court in Madrid, Spain, September 15, 2023
At the time, Rubiales, 46, dismissed it as a “consensual” kiss on the lips, but Hermoso, 34, said it was not.
She filed a lawsuit against Rubiales in September, telling the judge she had come under pressure to defend him both on the flight back from Australia and during a subsequent team holiday to Ibiza in the Balearic Islands.
In her testimony, she said she had faced “constant harassment by the investigated parties, which disrupted her normal life and caused her fear and anxiety.”
Numerous other witnesses have testified in court about the pressure Hermoso faced, including two-time Ballon d’Or winner Alexia Putellas and two other Spanish teammates.
Rubiales will stand trial from February 3 to 19 for the kiss. Public prosecutors have sought a two-and-a-half-year prison sentence against Rubiales: one year for sexual assault and 18 months for coercion.
The former federation chief, who resigned from his position last year in the wake of the controversy, told Spanish private television channel La Sexta in April that he could not understand how this could be classified as sexual assault. He said there was “no sexual context” for it. It.
Rubiales was banned by FIFA from all ‘football-related activities’ for 90 days, extended to three years after the disciplinary committee found he had breached the disciplinary code.
Spanish player Jennifer Hermoso leaves after an audience at the Audiencia Nacional court in Madrid on January 2, 2024
A number of Spanish players signed a statement saying they refused to play for the national team until Rubiales was removed.
“The changes implemented are not enough to give the players a safe feeling, an environment where women are respected, where women’s football is supported and where we can maximize our potential,” the players said in a statement.
A total of 39 players, including 21 of the 23 World Cup-winning squad, signed a letter demanding further changes within the Spanish Football Association.
Finally, on September 10 last year, Rubiales resigned as president of the Spanish Federation and also as vice-president of UEFA after being provisionally suspended by FIFA pending investigations.
Rubiales was also not allowed to contact Hermoso or be within 200 meters of her.
Hermoso and Rubiales pictured after Spain’s victory over England in Sydney last August
Rocio Galvez is congratulated by Royal Spanish Football Federation President Luis Rubiales (R) alongside Spain’s Jennifer Hermoso after winning the Women’s World Cup
A week later it was reported that Rubiales was selling his £1.2 million home in Madrid ‘amid mounting legal costs’ related to the case.
The two-bedroom property features a swimming pool and underfloor heating and is located close to Madrid city centre.
Rubiales was later banned from all football-related activities for three years.
A FIFA statement confirming the decision last October said: ‘FIFA’s disciplinary committee has banned Luis Rubiales, the former president of the Spanish Football Federation (RFEF), from all football-related activities at national and international level for three years , after determining that he had acted in breach of Article 13 of FIFA’s Disciplinary Code.”