By Sarah Newton-John • 16 March 2023 • 15:02
The defendant was originally convicted by the Provincial Court of Malaga but appealed, however, the TSJA dismissed his appeal.
The court has also ordered that the defendant is forbidden from communicating or approaching the minor in any way, as well as staying away from her and her home within a radius of 500 meters for two years.
According to the defendant’s defence, slapping someone’s buttocks does not necessarily have a sexual connotation, especially in this case, where it was a brief, unexpected and insignificant act, and no eye contact was established between them.
However, according to News in Spain the court pointed out that the defendant took advantage of the girl’s position while she was bent and partially inside her mother’s car to touch her and then quickly escape before being caught. The judges suggest that the defendant would not have dared to do it if he had been discovered.
The legal arguments state that even a light and fleeting touch on a woman’s buttocks, especially in an erogenous area, carries sexual significance.
It is illegal in Spain (and most of the world) to touch a woman’s body without her consent. Any physical contact with another person without their consent can be considered assault or sexual abuse, depending on the specific circumstances of the case. The laws in Spain protect individuals from any kind of unwanted physical contact, including touching a woman’s body without her consent.
The sentence confirms that such behaviour can result in criminal charges and even a prison sentence.
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