Judge Francisco de Jorge, from Spain's Audiencia Nacional top court, said that the kiss "was not consensual and was a unilateral and unexpected move" by Rubiales.
He added: "The erotic or non-erotic purpose or the state of euphoria and agitation experienced as a result of the extraordinary sporting triumph are elements whose legal consequences and [overall] consequences will have to be assessed in the oral trial before the body responsible for the prosecution. It affects the sphere of intimacy reserved for sexual relations, in particular in the context of two adults".