Rubiales’ Conviction for Sexual Assault Confirmed
The National Court has upheld the sentence against Luis Rubiales, former president of the Spanish Football Federation, for a crime of sexual assault. The sentence, issued after the incident that occurred during the World Cup in August 2023 in Sydney, Australia, implies a fine of 10,800 euros.
The Criminal Court has upheld Rubiales’ acquittal in relation to the crime of coercion, as well as that of other defendants linked to the case, including former women’s team coach Jorge Vilda, former men’s national team football director Albert Luque, and former head of marketing for the Federation Rubén Rivera.
The magistrates’ decision dismisses all appeals filed, both by the Prosecution and the plaintiffs, as well as by Rubiales’ defense, against the resolution issued on February 20 by the Central Criminal Court.
In addition to the fine, the ban on Rubiales approaching Jenni Hermoso within 200 meters or communicating with her for a year remains in place. The payment of 3,000 euros to the player for the moral damages caused, an indemnity considered “adequate”, has also been confirmed.Support for Proven Facts and the Crime of Sexual Assault
The court has upheld the facts that Judge José Manuel Fernández-Prieto declared proven: Rubiales held the head of player Jenni Hermoso with both hands and gave her a kiss on the lips, without her consent, after the team’s victory.
The judge considered this act as a “clear sexual connotation”, and the Court supports this assessment, although it is emphasized that sexual intent is not a requirement to incur the crime; the absence of consent is sufficient.
The court has rejected Rubiales’ appeal, which argued the lack of sexual connotation. Furthermore, the idea of a spontaneous and euphoric reaction was ruled out, as Rubiales did not kiss any other player under the same circumstances.
The statement underlines that “there is no right to kiss nor the servitude of being kissed without consent”.
The Court also supports the classification of the acts as a mitigated sexual assault offense, arguing that this does not minimize the seriousness of the conduct, but rather is a considered use of criminal law.Rubiales Will Appeal to the Supreme Court
Luis Rubiales’ defense has announced the filing of an appeal before the Supreme Court. They will continue to argue that the kiss to the soccer player Jenni Hermoso had no sexual intent.
