Kissing someonewithout 'tacit consent' can be considered sexual assault, Spain's has ruled, just weeks before former football federation chief Luis Rubiales will stand trial over his unsolicited kiss at the .
The court upheld a lower court ruling from the southern region of Andalusia which 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 who was in police custody.
'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'.
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