He Spanish Supreme Court (TS) establishes in one sentence that a kiss without express or tacit consent constitutes a crime of sexual assaultStart a “interference with sexual freedom”from the victim for the purpose of“obtain sexual satisfaction at the expense of another”.
With this sentence, known this Tuesday, the sentence of one year and nine months in prison imposed on a police officer who kissed a detainee on the cheek and then tried to kiss her on the mouth without her consent in the dungeon is confirmed. area. .
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The judges make it clear that “No”of the victim when trying to kiss a woman, but for there to be no crime what is necessary is that she consents, which is the“tip”.
In this case, the TS confirms the penalty imposed by the Seville Provincial Court (southern Spain) for a crime of sexual abusethat now, with the sexual freedom law popularly known as “law of only yes is yes“, is the crime of sexual assault.
In this specific case, the aggravating circumstance of superiority and the mitigating circumstance of drunkenness are added.
This law, approved in 2022, eliminates the distinction between abuse and sexual assault (everything is considered assault) and expressed consent in relationships becomes the basis for judging crimes, which is why it is known as the law of ‘only yes is yes‘.
It cannot be understood, emphasize the judges, “that there is the right of any person to approach another and give them a kiss when the victim does not admit it as proof of affection or affection”, for any circumstance.
On the contrary, it is “a personal attack on your privacy and sexual freedom to consent or not consent who can approach you to perform an act as intimate and personal as giving you a kiss”.
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In cases of “stolen kisses”, without consent, the Supreme Court indicates that it is a “attack on a woman’s freedom to decide who she wants to kiss or who accepts and admits kissing her”.
This is what happened to the convicted agent, who took advantage of the fact that the victim was detained and kissed her, according to the decision that convicted him in the first instance, which also reflected that he hit “look directly at your genitals and snort so that the detainee notices you”.
The court finds that the circumstances of the case did not support the victim’s consent, but rather “the opposite“, what “He didn’t stop her from approaching him and giving him a kiss on the cheek.“and I tried to give her another one in her mouth, something the woman avoided”turning your face away”.
Source: Elcomercio
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