Kiss: kiss of respect or affection. This is how the Royal Spanish Academy (RAE) defines it and how Luis Rubiales intends to defend himself today before the judge of the National Court who has summoned him as an investigator. “The meaning of the kiss to Jenni was the same as that of a kiss to one of my daughters.”
This phrase was recently used by the former president of the Royal Spanish Football Federation (RFEF) to explain what the non-consensual kiss of soccer player Jenni Hermoso meant to him during the celebration after winning the World Cup in Sydney (Australia).
After the worldwide controversy, Rubiales will appear today, starting at 12, in front of the judge of the National Court Francisco de Jorge to appear for an alleged crime of sexual assault and another of coercion. The instructor has accepted a complaint filed by the Prosecutor’s Office for processing. The former president of the federation is going to be questioned by the judge, prosecutor and defense of Hermoso. Now, since he has the status of an investigator, he could refuse to answer the questions of all or any of those present. After finishing the statement, the parties could request the instructor for any precautionary measures they consider.
Since the controversy broke out, Rubiales has insisted time and time again that the kiss was consensual and that it was an act of affection in a moment of euphoria after winning the World Cup. The gesture went around the world. FIFA, the UN, personalities from around the world have taken a position to warn that what happened was intolerable.
It has cost Rubiales his position as president after a tug-of-war that has lasted weeks. Pressure from social, media, public opinion, from the federation itself and from the courts has finally led Rubiales to resign from his position.
Jenni Hermoso first remained silent until later and after listening to the version offered by the president of the RFEF in a controversial press conference, she came to light through a statement to raise her voice and deny everything said by Rubiales. It was not a consensual kiss and she felt violated at that moment.
The Prosecutor’s Office decided to open proceedings after learning of the facts based on several private complaints. The ‘yes means yes’ law approved last year made the crime of sexual abuse disappear so that all types of attacks related to sexual freedom can be considered sexual assault.
The State Attorney General prepared a circular a few months ago to establish in which cases prosecutors should prosecute these crimes. Specifically, the text says: “Surprise or fleeting touches on erogenous zones are worthy of criminal prosecution, even when they are carried out over clothing; kisses on the mouth, although not the so-called kisses; or touching non-erogenous zones when the circumstances of the case justify considering an attack against sexual freedom.”
The doctrine of the Supreme Court gives as some examples in which it would be possible to follow “a kiss on the mouth or neck or minor touching…”.
Rubiales’ defense will defend that it was a consensual and affectionate kiss, more similar to a brotherly kiss. The former president of the RFEF will have to convince the judge in front of Hermoso’s own defense that he has already made his position clear. The player voluntarily went to the Prosecutor’s Office to explain that she feels like a victim of aggression. In addition, she will have to argue if he or his entourage pressured Hermoso or his family to go public and position herself next to him, downplaying the importance of the kiss.
“The situation caused me a shock due to the context of the celebration and with the passage of time and, after delving a little deeper into those first sensations, I feel the need to report this fact since I consider that no person in any field of work, sports or social should be a victim of non-consensual behavior,” he clarified publicly in a statement.
