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Feminism: Sex and gender discussions

'Kiss on the cheek'- a crime or sexual assault

116 replies

ScrimpshawTheSecond · 17/05/2020 16:56

I feel terrible for the woman here. She helped out a lorry driver who then kissed her on the cheek - and she is now terrified about corona virus.

www.bbc.co.uk/news/uk-england-derbyshire-52699104

Men, if you're reading this - just fucking don't do it. Ever, let alone to an elderly woman during a viral pandemic.

I hope they catch the man and he understands what he's done.

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Pertella · 18/05/2020 08:52

Aunts and female family friends sexually assualting myself and my brother hundreds of times with unwanted, un-consented kisses.

This is why I dont foist kisses on my son, and have asked others not too as well. He has said he doesn't like it, and I dont want him to grow up thinking it's ok to ignore other people boundaries and force things like kisses on to them.

TimeLady · 18/05/2020 07:40

I dislike social kissing full stop. It has always made me very uncomfortable, but I have gone along with it for politeness.

But from now on I'm going to stand my ground and decline with a step back and a raised hand if someone swoops in, so perhaps that's one positive for me to come of of this current crisis.

deydododatdodontdeydo · 18/05/2020 07:14

I used to be terrified of my great aunt's big smooching kisses!

That's what springs to my mind. Aunts and female family friends sexually assualting myself and my brother hundreds of times with unwanted, un-consented kisses.
My MILs friend still does it to DH, even though she knows he hates it.
I flinch when our French friends kiss me on the cheeks, but I'm sure they don't consider it sexual assault.

Dyrne · 18/05/2020 06:02

I can’t believe people are splitting hairs here.

Whatever happened here, the woman was clearly shaken and upset enough to report to the police.

If a stranger tried to kiss me on the cheek in normal circumstances I’d feel weird, let alone at the moment.

Saying “it’s only a kiss on the cheek” and saying worse crimes exist is ridiculous - if someone punched me I’d report them for assault, despite the fact that people get stabbed and murdered.

And I can also imagine plenty of circumstances where the man could have been intimidating and forceful and made the woman feel vulnerable and afraid... but it’s “only” a kiss on the cheek isn’t it...

Tachograph · 18/05/2020 05:13

I used to be terrified of my great aunt's big smooching kisses!

ScrimpshawTheSecond · 17/05/2020 23:45

A kiss involves bodily fluids, so yes, quite possibly. I think any contact or close proximity has a risk of contagion.

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Auntlouisa · 17/05/2020 22:55

Would the kiss itself infect someone? On the cheek. I'd be more worried by the man breathing and speaking near my face.

ScrimpshawTheSecond · 17/05/2020 22:15

I'd forgotten about Gazza's trial. I guess the thing that's often overlooked is the comparative size and strength of a male foisting a kiss on a woman. Perhaps v hard for males to understand how intimidating and intrusive that can feel. Even notwithstanding social distancing, covid etc.

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Ilovemystarter · 17/05/2020 21:09

It doesn’t sound (on the facts given) as though it was a sexual assault for the purposes of the Sexual Offences Act 2003 (see sections 3 and 78 of that Act). It was however a battery, and in the context (Covid) a very unpleasant one. The police should have pursued it as such; sounds like they got it wrong.
Awful behaviour from the man involved. Hope they catch him.

BeetrootRocks · 17/05/2020 21:06

It's really weird to kiss a stranger in the cheek in the UK. I mean unless you're in the pub and all drunk and have met your new best friends!

Gronky · 17/05/2020 21:02

It seems very hard to judge, given the limited information. I've found it overwhelming when I've been rescued from a breakdown (blown fuse but I'd have never thought to check) because it's such a polar shift from your plans falling apart to everything being fine. I didn't kiss them but I certainly hugged them tightly enough to get relieved tears on their shoulder. I'd have a hard time judging someone in a similar situation.

QuestionMarkNow · 17/05/2020 20:47

Re a kiss being sexual, who can decide if it is sexual? The person receiving a kiss?

By experience, a kiss can be a non sexual way to say hello. Or a sexually loaded kiss (many memories as a teen/young adult where such a kiss carried very clear intentions/message). The difference from the outside will be a second or two longer. And the intention the receiver will feel but might be hard to pinpoint/show from the outside.

I have to say, I have no idea how you could prove that at a tribunal.

QuestionMarkNow · 17/05/2020 20:41

@Auntlouisa is the lack of awareness also applies to queuing?
If you saw someone not queuing would you be happy to say it’s a lack of awareness because they are from ?
I’m pretty sure people would find it extremely rude, regardless of the country.

Same applies with kissing imo. I am not particularly aware. No more than most people. The fact that 99% of people would be uncomfortable receiving a kiss from someone they’ve never met is quite obvious. I wouldn’t use that as an excuse

Plbrookes · 17/05/2020 19:57

Kissing is not by its nature sexual: others have given examples of that. Kissing may or may not be sexual and prosecutors should look at the context of the act. Lack of consent does not make the act sexual. If the kiss was lascivious then it may be judged to be sexual even if done under the pretext of giving thanks for help.

DidoLamenting · 17/05/2020 19:57

Taken in the context of the lack of consent in this case it would be investigated as a sexual assault

There is more to it than the lack of consent. The act needs to have a sexual intent. Kissing might be. The jury in the Paul Gascoigne case found him not guilty because of the lack of a sexual element.

frasersmummy · 17/05/2020 19:51

A kiss on the cheek as a thank you is not sexual.

My teen made me a coffee. I kissed him on the cheek to say thank you..

Trust me my kiss was not well received.. Well on the surface anyway..

But it certainly wasn't sexual and neither was it assault

IDoAllMyOwnStunts · 17/05/2020 19:50

www.cps.gov.uk/legal-guidance/rape-and-sexual-offences-chapter-2-sexual-offences-act-2003-principal-offences-and

Definition of sexual. Cps website.

Taken in the context of the lack of consent in this case it would be investigated as a sexual assault.

InfiniteSheldon · 17/05/2020 19:48

I kiss my children: not sexual
My dogs: not sexual
My best friend: not sexual
Of course a kiss is not sexual by definition

DidoLamenting · 17/05/2020 19:45

Of course it’s a sexual assault. It was without her consent and a kiss by its definition is obviously sexual

No a kiss isn't "by definition obviously sexual " In the current climate what happened may well be assault.

It may not be sexual but it's almost certainly sexist, would be have done it to a man?

No he wouldn't. I can imagine some women doing it to a man if the man was the rescuer.

Plbrookes · 17/05/2020 19:38

'A kiss by its definition is obviously sexual'

No it's not!

IDoAllMyOwnStunts · 17/05/2020 19:34

Of course it’s a sexual assault. It was without her consent and a kiss by its definition is obviously sexual. It could be an assault too.

And the police were spineless to withdraw the appeal. What message does that send out to women about unwanted sexual contact?

Auntlouisa · 17/05/2020 19:17

On the continent, it's not a sexual thing. Both sexes kiss both sexes. I've met a lot of continentals, mainly in this country, and have been kissed a lot. No doubt they were less aware of UK culture than QuestionMarkNow. Though to be honest I prefer not to be kissed by someone I don't know (or by someone I do know, generally speaking). I grin and bear it out of politeness - knowing that it's meant well.

QuestionMarkNow · 17/05/2020 17:57

quite a few countries it's customary to kiss people on the cheek, up to 4 times, on meeting. Whether you know them or not. They do the same when they come to the UK. No great harm in it

I don't agree with that. I come from one of those countries that kiss like this to say hello (and good bye). No way that in THAT country, it would classify as a sexual assault. People would be laughing.

BUT, I also have NEVER kissed anyone in the UK, regardless of whether this is what I do in my home country. I would never dare for the simple reasons that 1- this is not acceptable here (no one I know is ever kissing a friend let alone someone theyve never met before) and 2- this would make those people very unconfortable.
It's impossible for someone not to be aware of that, even if you havent been in the UK very long. This guy would have been aware the second he leaned over to giver her a kiss that it wasn't an acceptable thing to do.

and of course, that's wo the virus. Im Confused how someone would think its ok to do that when you are not allowed to come closer than 2 metres from someone nor allowed to touch their hands.

powershowerforanhour · 17/05/2020 17:45

"quite a few countries it's customary to kiss people on the cheek, up to 4 times, on meeting. Whether you know them or not. They do the same when they come to the UK. No great harm in it."

As above- would he have done it to a man?

ScrimpshawTheSecond · 17/05/2020 17:45

would be have done it to a man?

That was my thought - highly unlikely.

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