This is Part 2 of a two-part series examining the ‘Kissing Defence’ in anti-doping cases. Part 1 analysed the legal framework governing anti-doping rule violations and compared two recent contrasting decisions: WADA v Thibus (CAS 2024/A/10748) (Thibus), where French fencer Ysaora Thibus successfully avoided any sanction, and ITIA v Oliveira (SR/140/2025) (Oliveira), where tennis player Gonçalo Oliveira received a four-year ban.
This Part 2 examines the broader jurisprudence on the Kissing Defence. It identifies the evidential, scientific, and practical requirements for success and it considers how recently approved amendments to the 2027 WADA Code may make such defences more common.
