It doesn't matter if Keisse meant it as a joke - the intention is completely irrelevant.
There's a victim here, as the police have agreed to, and that victim isn't Keisse.
I've got absolutely no problem with him being kicked out of the race.
Of course intention is very relevant.
Not in the legal definition & applicaiton of Sexual Harassment law in the UK. And clearly the Argentinian police work along similar lines...
I think you'll find intent usually makes a world of difference. Like, between murder and manslaughter. Just to give you one example.
Maybe you should go to a nightclub once in a while, trying to get to the bar, from the toilet, you'll be rubbing your junk agains a dozen people. If intent doesn't matter, i'll just open up a lawfirm and set up shop right outside my local nightclub.
Intent makes a difference in homicide. Not necessarily in sexual harassment law inthe UK - "A person (A) harasses another (B) if the conduct has the purpose or effect of
— (i)violating B's dignity, or (ii)creating an intimidating, hostile, degrading, humiliating or offensive environment for B."
Note that it is based on the reaction and response of the victim (the "effect"), regardless of the intention of the perpetrator. If that reaction and response is considered 'reasonable' - that is, where an independent party would think that the victim's response is the same as any other 'ordinary person's' - the act is considered harassment.
So in Keisse's case, if the waitress felt that Keisse's act violated her dignity or created a humiliating or offensive environment, then an act of harassment has taken place, regardless of his intention, and it is very likely that her response would be considered 'reasonable', especially given the clear photographic evidence or witness report.
In your nightclub example, a response of accusing sexual harassment wouldn't likely be considered reasonable simply
due to there being many people crowded into a small space (of course there may be actions that somebody could take within that small, crowded space that would indeed constitute harassment).