My gear touched the mark and my kite hit the boat behind — who's penalised?
Touch a mark with any part of your boat, crew, or gear — even while fighting your spinnaker — and you break Rule 31; there's no excuse. But when your sail is out of normal position the boats aren't overlapped, so the boat behind is only clear astern (Rule 12) and isn't penalised for a contact she couldn't avoid. The mark-touch is the only penalty that sticks. (World Sailing Case 77.)
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<p><a href="https://sailing.kiwi.nz/v/hPWLFKarZQ8/">Source: Sailing Kiwi</a></p>