February 21 – After a trial that gripped the nation as well as the outside world and made front as well as back page headlines, Spain’s former FA boss Luis Rubiales avoided a prison sentence Thursday as he was found guilty of sexual assault for kissing World Cup star Jenni Hermoso on the lips without her consent and ordered by the country’s High Court to pay a fine of €10,800.
The incident, which took place at the awards ceremony shortly after Spain’s 2023 Women’s World Cup triumph, not only overshadowed the nation lifting the trophy but sparked global outrage and led to Rubiales resigning as well as being banned by FIFA. The fallout led to a boycott by Spanish players until Rubiales was removed.
Kissing a woman on the mouth “is not the normal way of greeting people with whom one has no sentimental relationship,” Judge Jose Manuel Fernandez-Prieto the judge wrote in his ruling, saying Rubiales had violated Hermoso’s “sexual freedom” without her consent.
As well as the fine, Rubiales was prohibited him from getting within 200 meters of Hermoso or communicating with her for a year. But he was acquitted of a charge of coercion for allegedly trying to make Hermoso downplay the incident.
“A kiss without consent is sexual assault,” Spain’s equality minister Ana Redondo said after the verdict. “The words of the victim must be respected.”
In her testimony, Hermoso said that she felt disrespected and that the kiss “stained one of the happiest days of my life.”
But Rubiales insisted that the kiss was consensual and his lawyers argued that even if it hadn’t been, it shouldn’t be characterised as sexual assault.
The court acquitted three other former Spanish FA officials accused of coercion: former women’s team coach Jorge Vilda, sports director of the men’s team Albert Luque, and head of marketing Ruben Rivera. All said they never tried to pressure Hermoso into doing anything and claimed she didn’t give any importance to the kiss when it happened.
Rubiales initially insisted he had done nothing wrong and said he was the victim of a witch hunt by “false feminists” but resigned after FIFA suspended him and opened a disciplinary case. During his testimony, he admitted he made a mistake and that his actions were not the right attitude for a national federation president but that they should not be considered sexual assault.
The debacle isn’t over yet however with reports suggesting both parties will appeal for different reasons: Rubiales to clear his name and Hermoso believing the verdict was too lenient after prosecutors had called for a prison sentence of 2 1/2 years – one year for sexual assault and 1 1/2 years for coercion.
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