The Prosecutor’s Office has just filed a complaint against the former president of the Royal Spanish Football Federation (RFEF) Luis Rubiales for the crime of sexual assault and coercion for the non-consensual kiss of the player Jenni Hermoso.
In the complaint, the Prosecutor’s Office refers to the non-consensual kiss on the mouth that Rubiales gave to the player Jennifer Hermoso, while he grabbed her head with both hands, during the trophy presentation ceremony to the members of the Spanish Women’s National Team. Soccer, after winning the World Cup held in Sydney (Australia), on August 20, 2023.
The complaint is filed after the player appeared before the prosecutor on September 5, accompanied by her lawyer, and expressly denounced the events that, according to her statement, occurred without her consent.
Jenni Hermoso also stated in her statement that both she and those closest to her suffered constant and repeated pressure from Luis Rubiales and his professional environment to justify and approve the facts. The prosecutor considers that this harassment could constitute a crime of coercion.
In the complaint, the prosecutor requests that a statement be taken from Luis Rubiales, as an investigator, and from Jenni Hermoso as a victim.
Likewise, it requests that information be collected from the Australian authorities on the classification of crimes against sexual freedom in their criminal regulations.
Once the complaint has been filed, the court of the National Court to which it corresponds by division will be in charge of investigating the case and deciding whether to admit the complaint for processing and summon Rubiales to be declared as under investigation or whether to file it outright.
In the letter, the lieutenant prosecutor of the National Court Marta Durántez mentions the Council of Europe Convention on the prevention and fight against violence against women and domestic violence, ratified by Spain and in which the commitment to “protect women against all forms of violence, and to prevent, prosecute and eliminate violence against women and domestic violence.
Article 2.1 states that “this Convention shall apply to all forms of violence against women, including domestic violence, which affects women disproportionately.”
The article states that “violence against women” should be understood as “a violation of human rights and a form of discrimination against women, and will designate all acts of gender-based violence that involve or may involve women.” harm or suffering of a physical, sexual, psychological or economic nature, including threats of such acts, coercion or arbitrary deprivation of liberty, in public or private life.”
