Rubiales: Top Spanish court rules kiss without consent is sexual assault

At the time, Rubiales, 46, brushed it off as 'a consensual' peck on the lips, but Hermoso, 34, said it was not.

Spain’s Supreme Court on Tuesday ruled that a kiss without “tacit consent” can be considered sexual assault just months before former football federation chief Luis Rubiales will stand trial over his unsolicited kiss at the Women’s World Cup.

“A ‘stolen kiss’, and thus without express or implied consent, constitutes sexual assault in actuality,” the court said, adding that “it is clear that the fleeting contact of a non-consensual kiss represents a bodily invasion”. The issue of whether an unsolicited kiss can be considered sexual assault is a hot topic in Spain since Rubiales provoked worldwide 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.

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 on a subsequent team holiday to Ibiza in the Balearic Islands.

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