A non-consensual sexual kiss imposed on a detainee

Supreme Court · Second Chamber (Penal) · 2024

What the Supreme Court considered and decided

The court upheld a conviction for a sexual kiss imposed on a detained person through abuse of the officer’s position. It distinguished the legal classification at the time of the events from the later law.

What this helps explain

Consent and the context of power are relevant even when contact does not result in physical injury.

Editorial summary from the official note of the CGPJ. It describes this resolution, without certifying the subsequent evolution of the procedure. It should be read with the legislation applicable to its facts, reforms and subsequent case law.