Kissing someone without “tacit consent” can be considered sexual assault, Spain’s Supreme Court has ruled, just weeks before former soccer federation president Luis Rubiales is set to stand trial for his unsolicited kiss at the Women’s World Cup.
The court upheld a ruling by a lower court in the southern region of Andalusia that convicted a police officer of sexual assault and sentenced him to one year and nine months in jail for kissing a woman on the cheek while in police custody.
“A ‘stolen kiss’, and therefore without express or implied consent, actually constitutes sexual assault,” the court stated, adding that “it is clear that the fleeting contact of a non-consensual kiss represents bodily invasion.”
‘It is not necessary for the victim to say “no” when trying to kiss a woman, but for there to be no crime what is needed is consent. The key is consent, to the point that if consent has not been given there has been sexual assault.”
The question of whether an unsolicited kiss can be considered sexual assault has been debated in Spain since Rubiales sparked global outrage by kissing star player Jenni Hermoso on the lips during the medal ceremony after Spain beat England to win 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, on September 15, 2023.
At the time, Rubiales, 46, dismissed it as “a consensual kiss” on the lips, but Hermoso, 34, said no.
She filed a lawsuit against Rubiales in September, telling the judge she had been pressured to defend him both on the return flight from Australia and on a subsequent team vacation to Ibiza in the Balearic Islands.
In his testimony, he said that he had suffered “constant harassment by the investigated parties, which disrupted his normal life, causing anxiety and anguish.”
Many other witnesses have testified before the judge about the pressure Hermoso suffered, including two-time Ballon d’Or winner Alexia Putellas and two other Spanish teammates.
Rubiales will be tried from February 3 to 19 for the kiss. Prosecutors have requested a sentence of two and a half years in prison for Rubiales: one year for sexual assault and 18 months for coercion.
The former federation chief, who resigned from his post last year in the wake of the controversy, told Spanish private television La Sexta in April that he could not understand how this could be labelled sexual assault, saying there was “no sexual context” for him.
Rubiales was suspended from all “football-related activities” by FIFA for ninety days, extended to three years after its Disciplinary Committee determined that he had violated its Disciplinary Code.
Spanish player Jennifer Hermoso leaves after a hearing at the National Court in Madrid on January 2, 2024.
Several Spanish players signed a statement saying that they had refused to play for the national team until Rubiales was dismissed.
“The changes made are not enough for players to feel safe, where women are respected, where there is support for women’s football 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 teams, signed a letter demanding further changes within the Spanish Football Federation.
Finally, on 10 September last year, Rubiales resigned as president of the Spanish federation and also from his role as vice-president of UEFA, after having been provisionally suspended by FIFA pending investigations.
Rubiales was also prohibited from contacting Hermosa or being within 200 meters of her.
Hermoso and Rubiales photographed after Spain’s victory over England last August in Sydney
Rocío Gálvez is congratulated by the president of the Royal Spanish Football Federation, Luis Rubiales (right), along with the Spanish 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 fees” related to the case.
The two-bedroom property is said to have a swimming pool and underfloor heating and is situated close to Madrid city centre.
Rubiales was subsequently banned from all football-related activities for three years.
A FIFA statement confirming the decision last October said: “The FIFA Disciplinary Committee has suspended Luis Rubiales, former president of the Spanish Football Federation (RFEF), from all football-related activities at national level. and international for three years, after considering that he acted in violation of article 13 of the FIFA Disciplinary Code.
