The judge gives «full credibility» to the player and believes that the kiss was given «without consent» and has a «clear sexual connotation»
MADRID, 20 (EUROPA PRESS)
The National Court has sentenced the former president of the Spanish Football Federation (RFEF) Luis Rubiales to 18 months of fine with a daily fee of 20 euros — about 10,800 euros– for a sexual assault for the non-consensual kiss to footballer Jennifer Hermoso, acquitting him of subsequent coercion to downplay the incident.
In a judgment, reported by Europa Press, Judge José Manuel Fernández-Prieto has prohibited Rubiales from approaching Hermoso within a radius of 200 meters and communicating with her for a year, making it clear that there was no «consent» for the kiss.
Rubiales will also have to compensate Hermoso with 3,000 euros for «the moral damage caused by the surprise kiss, combined with the time and place it occurred, in front of the thousands of people attending the football stadium and the thousands of viewers watching the ceremony on television.»
Prosecutors have indicated that it will be when they study the full judgment that the Public Prosecutor’s Office will decide whether to appeal the ruling to the Criminal Division. It is worth noting that the Public Prosecutor’s Office requested a sentence of 2 years and 6 months in prison for the crimes of sexual assault and coercion.
In addition to Rubiales, the judge has decided to acquit former director of the Spanish National Team Albert Luque, former women’s national team coach Jorge Vilda, and former Marketing manager of the Federation Rubén Rivera, for whom the Public Prosecutor’s Office requested a sentence of 1 year and 6 months in prison for coercion.
«SURPRISINGLY»
Over 36 pages, the judge concludes that, during the medal ceremony after the victory in the 2023 World Cup in Sidney, Rubiales «held the player’s head with both hands and, surprisingly and without the player’s consent or acceptance, gave her a kiss on the lips.»
For the judge, it is a «reprehensible act carried out by the active subject within the euphoria of celebrating the unprecedented success of winning the World Cup in Spanish women’s football.»
However, the judge maintains that, despite his then position as president of the RFEF, Rubiales «did not take advantage of his position or a relationship of superiority over the victim» to give the kiss.
The ruling makes it clear that Rubiales «does not give kisses on the mouth as a usual form of greeting,» and that «just by looking at the footage of the medal ceremony, it can be seen that he greets each and every one of the players with a strong hug and kisses on the cheeks, never on the mouth, except when it’s Hermoso’s turn.»
In this regard, the judge states that «the accused did not explain in a minimally convincing way in court why he kissed Jenni on the mouth and not on the cheeks like he did with the rest of the world champion players.»
THE JUDGE GIVES «FULL CREDIBILITY» TO HERMOSO
According to Fernández-Prieto, «this action of giving a kiss on the mouth to the woman has a clear sexual connotation, and it is not the normal way to greet people with whom there is no affectionate relationship.»
In the judgment, the judge «attributes full credibility» to the footballer «as there is no reason or motive for her to lie about the facts solely to harm Rubiales, with whom she had maintained a good relationship for some time.»
«It cannot be ignored that the sexual assault suffered by the woman has the intensity it has and lacks the ability to diminish the joy in the woman of the success she has just achieved and wants to celebrate at all costs with all her teammates. This leads us to understand that the analyzed sexual assault, while always reprehensible, can be classified as of lesser intensity,» argues the judge.
This is the lowest penalty provided for this type of crime, as stipulated by the Penal Code, which establishes that whenever there is no violence or intimidation or the victim’s will is not nullified for any reason, a fine of 18 to 24 months or a prison sentence in its lower half can be imposed.
WITHOUT «VIOLENCE OR INTIMIDATION,» THERE ARE NO COERCIONS
Regarding the crime of coercion, the judge acquits the four accused, stating that it has not been «proven that they exercised any act of violence or intimidation against Jennifer Hermoso.»
According to the judge, «the first thing that is evident just by reading the jurisprudential doctrine is that the criminal offense being charged requires as elements of the offense, the existence of violence or intimidation directly aimed at preventing another from doing what the law does not prohibit, or compelling them to do what they do not want to do.»
«In this case, it is sufficient to read the indictment papers to see that no act of violence or intimidation against Jenni Hermoso is described in them,» argues the judge.
The trial began on February 3 and lasted for nine sessions during which both Rubiales and Hermoso testified, focusing their arguments on whether there was consent for the kiss, given during the medal ceremony after the victory in the women’s World Cup in Sidney in 2023.
In the trial, one of the most high-profile in the history of the National Court — with over a hundred media outlets accredited and a significant press presence — the judge heard how the accused distanced themselves from the alleged coercion of Hermoso and her environment.
Rubiales and his lawyer argued that there was consent, that Hermoso agreed to receive «a little kiss» from her then-president, and that the fact that she might not have liked it does not mean she did not agree to it.
Hermoso’s lawyer, on the other hand, requested a conviction for Rubiales, making it clear that the player did not give him permission to kiss her. «We are not dealing with consent, it is submission,» he said.
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FUENTE
