The judge of the National Court Francisco de Jorge has agreed to open an oral trial against the former president of the Spanish Football Federation (RFEF) Luis Rubiales for the non-consensual kiss of the Spanish national team player Jennifer Hermoso after the World Cup final held in Sydney (Australia) on August 20 and for the subsequent coercion to make a public demonstration stating that it had been consented.
Due to these facts, the head of the Central Court One, in accordance with what was requested in the indictments of the Prosecutor’s Office, the player herself and the Association of Spanish Soccer Players (AFE), agrees to open an oral trial against Rubiales for the crimes of aggression sexual and coercion. The Prosecutor’s Office requests a sentence of two and a half years in prison for both crimes.
The magistrate also sends to trial, in his case for the crime of coercion, the former sports director of the men’s team Albert Luque, the former coach of the women’s team Jorge Vilda and the former marketing manager of the Federation Rubén Rivera.
To face the civil liabilities to which he could be sentenced, the court requires Rubiales to provide a bond of 65,000 euros within 24 hours for the crime of sexual assault. The same financial amount must be recorded for the crime of coercion, in this case jointly and severally with the other three accused of this crime.
The resolution, against which there is no appeal, designates the Central Criminal Court of the National Court as the person in charge of prosecuting this procedure by virtue of the penalties requested by the accusations and gives those investigated a period of ten days to present their defense briefs.
The instructor considers that the erotic purpose or not or the state of euphoria and agitation experienced as a consequence of the extraordinary sporting triumph are elements whose consequence and legal consequences must be assessed in the oral trial before the body in charge of the prosecution.
The kiss to the player during the celebration of the World Cup triumph led to the resignation of Rubiales, who months later was involved in an alleged corruption case during his time in the RFEF for which he is being investigated by another Court.