You’re probably wondering when having a foot fetish becomes a crime…
Having a particular fetish does not constitute a crime in itself. Everyone knows that Quentin Tarantino, one of the most famous film directors, has a foot fetish. The Hollywood director has even gone as far as paying up to $10,000 to a girl to be able to lick her feet. As we were saying, fetishism itself is not a crime, but a foot fetish could become a crime, depending on a series of circumstances.
What is sexual fetishism?
Sexual fetishism is a paraphilia in which a person experiences sexual arousal and pleasure in sexual fetishism through:
- Contemplation
- Contact
- Or the use of objects, body parts or specific situations
That are not typically associated with sexual activity.
In the case of foot fetishism, the interest is specifically focused on feet, which become the primary stimulus for the person’s sexual desire. To determine if sucking a foot is a crime, we need the requirements that we will explain below to be met:
Why can foot fetishism be considered a crime?
Psychology and psychia
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What makes a body part relevant to a crime?
In the criminal context, any part of the body can be considered in a crime if the act of contact or manipulation is performed with sexual intent and without the victim’s consent.
Article 178 of the Criminal Code punishes any conduct that violates another person’s sexual freedom without their consent with a penalty for sexual assault of 1 to 4 years in prison. So, is foot fetishism a crime?
This means that foot fetishism will be a crime when…
Recently, the Supreme Court has determined that sucking someone’s feet is a crime when a person, with libidinous intent and without the victim’s consent, grabs another person’s foot, removes their shoe, puts the foot in their mouth and begins to suck it, commits a sexual assault crime for foot fetishism.
The penalty for foot fetishism can range between one and 4 years in prison if the victim is an adult.
In the case that the non-consensual fetishist act is performed on a minor under 16 years of age, the penalty for fetishist sexual assault will be 2 to 6 years in prison.
Any fetishist conduct that is performed with libidinous intent and with the intention of satisfying their
Abogado penalista en Madrid (Graduado en Derecho y ADE con Máster de Acceso a la Abogacía), experto en procedimientos complejos y técnicos en Derecho Penal. Cuenta con títulos como el Curso de DerechoPenal Avanzado impartido por magistrados del Tribunal Supremo en el Iltre. Colegio de Abogacía de Madrid.