I can't answer for Spanish law, but generally criminal behaviour looks at the mind of the perpetrator as well as the act itself - so deliberately offensive sexual behaviour would be an act done with the intention of intimidating, distressing, disturbing, dominating the victim.
They appear to use a criminal law philosophy which leans to thinking of crime rather than sex crime
Harassment, constraints, threats and similar things are considered crimes in Spain. There are also all the sex crimes I quoted on a previous reply to this thread. The question is when something is considered to be harassment, a threat... That's when you find things like:
To kiss without consentiment and to touch the asses of his female employees wasn't considered sexual harassment by a court in Madrid. More info at:
www.abc.es/20121009/sociedad/abci-besos-sentencia-acoso-201210091115.html
Sexual harassment by phone made by a man that called the victim at any hour seeming that gasped while he was masturbating himself isn't a fault anymore since July 1st 2015 (previously it was considered a fault of unjust vexations) so the man was declared non-guilty by the court (this time in Cáceres). More info at:
www.eldiario.es/eldiarioex/cacerena-telefonicas-sexuales-denuncia-absuelven_0_446556381.html
So I continue to urge women to report this behavior, no matter what the criminal laws say!
That's a great idea. Police knows laws better than all (or most) of us and if you think something might be a crime they will tell you if it can be a crime (or not). Maybe you thought it could be one sort of crime but they find out that isn't a crime in Spain but another thing you didn't realize it's indeed a crime in Spain... In other words, you may think A is crime but it turns out that isn't A but B that is a crime and you were so focused in A that didn't think about B. Even if what you report isn't a crime, reporting it might help police to take preventive actions and/or to have more info to sort out future crimes so, yes, reporting is a great idea.
She said that the Francoist laws on nudity and public decency were used for harassment of tourists and, occasionally, political opponents.
One of the laws used was the one about
public scandal that I quoted above. Acts against
modesty and
good manners where subject to fine or prision, depending on how severe they were. That included too many things (not just nudity and public masturbation). As an example, I'll quote a case from 1986 (although it's well after the death of Franco, and there was already democracy in Spain, the law was still in force (as I said above it was derogued in 1988)). As I was saying, in 1986 a guy was arrested for having a
too affectionate actitude with his girlfriend in the bar of an hostal. Later, he was declared guilty and charged with 5 months of prision. The guy ended commiting suicide. You can read a news item about it (in Spanish) at
http://elpais.com/diario/1987/02/07/espana/539650825_850215.html and you can find more references online because the case generated a great controversy (about the law, the court ruling...).