El “piquito” no consentido: análisis de la sentencia de la Audiencia Nacional del caso “Rubiales”

This article addresses the case of the non-consensual kiss of Luis Rubiales to Jennifer Hermoso from a legal-criminal perspective, focusing on the legal implications of the act in the framework of the new crime of sexual assault under the Organic Law 10/2022, of integral guarantee of sexual freedom. The relevance of affirmative consent as the central axis of the aforementioned criminal offense is examined, and the analysis addresses the hierarchical and temedia context in which the events took place, assessing the impact of institutional power on the victim’s self-determination. The idea that the new conceptualisation of consent implies a reversal of the burden of proof to the detriment of the principle of innocence is refuted, and, finally, emphasis is placed on the criminal financial liability established for the perpetrator, which does not seem to correspond to his comfortable economical situation, as well as on the under- compensation for crimes against sexual-freedom. This case is a representative example of the application of the new legal paradigm based on consent and the comprehensive protection of women’s freedom from symbolic and structural violence