Rubiales, sentenced to 10,800 euros fine for kissing Hermoso

BarcelonaThe sentence has already been handed down in the Rubiales case. The National Court has sentenced the former president of the Royal Spanish Football Federation (RFEF) to an 18-month fine for kissing footballer Jenni Hermoso at the medal ceremony for the 2023 Women's World Cup won by the Spanish national team in Sydney (Australia). Thus, Rubiales will have to pay a fine of 20 euros per day for a crime of sexual assault that amounts to a total of 10,800 euros. In addition, he will be prohibited from approaching a radius of 200 meters from Hermoso and from communicating with her for a year.

Despite the fact that the sentence is minimal, since the prosecution requested a sentence of two and a half years in prison for Rubiales, the former president of the RFEF has made it known through his lawyers that he will appeal, since he considers him innocent and wants an acquittal. "We are going to continue fighting," he said in statements to the EFE agency. Jenni Hermoso has not yet made a statement, and Rubiales will have to pay her an additional 3,000 euros in compensation. Although those close to her assume that she will also appeal.

Judge José Manuel Fernández, in the ruling, which ARA has had access to, considers it duly proven that Rubiales "held the player's head with both hands, and surprisingly and without the player's consent or acceptance, gave her a kiss on the lips." Furthermore, the judge does not give validity to the argument that Rubiales gave in the trial for having kissed Hermoso. "It can hardly be justified, as he claims, by the fact that this player missed a penalty [in the final], because such a fact is clearly diluted and transformed into a mere anecdote by the sporting success finally achieved, which made any sadness for the error meaningless, so there was nothing to console."

The judge argued the following in his sentence against Rubiales: "Given the nature of the assault, a kiss, which was a sporadic act by the accused and did not require special rehabilitation for the offence, the pecuniary penalty should be chosen, which is less serious than a custodial sentence. And, as there are no circumstances that modify criminal liability, it is appropriate, in accordance with article 66.6 of the Criminal Code, which allows the full sentence to be imposed, individualising it within its lower half, to impose a fine of 18 months, with a daily rate of 20 euros, with subsidiary personal liability."

Acquitted of the offence of coercion

The judge acquitted Rubiales and the other three defendants in this case of coercion: the former women's national team coach Jorge Vilda, the former director of football for the men's national team Albert Luque and the former head of marketing for the RFEF, Rubén Rivera. "The prosecution's briefs do not describe any act of violence or intimidation against the person of Jenni Hermoso and it should not be overlooked that the right to defence requires that the facts constituting the criminal offence be clearly described in the provisional conclusions of the accusations," says the sentence. In this regard, the judge also considers that Hermoso "did not describe any act of violence or intimidation carried out by any of the defendants or by third parties."

The Public Prosecutor's Office of the National Court had requested a total sentence of two years and six months in prison for Rubiales. One year was for the crime of sexual assault and the other year and a half for coercion. For this last type of crime, the representative of the public ministry had requested a sentence of one year and six months for the other three accused. Now this sentence of the central criminal court can be appealed before the criminal chamber of the National Court.

The first reactions

The ruling has generated controversy and the first reactions have quickly appeared. One of them, from Irene Montero, a Podemos MEP who as Minister of Equality promoted the law of only yes is yes. She considers it a success that the courts recognise a non-consensual kiss as sexual assault, something "unthinkable" until recently, despite the fact that before the new law a non-consensual kiss with sexual content was already included in the Penal Code. However, Montero criticises that the fine and compensation are "minimal". Ana Redondo, current Minister of Equality, also welcomed the ruling because it reinforces the theory that "without consent there is assault" and argued that the victim's word must always be respected.

Beatriz Álvarez, president of the Liga F, asked for "maximum respect for the court ruling" but reiterated her "support for Jenni". The Spanish Footballers' Association (AFE) was more forceful, openly celebrating the conviction. "It is historic and sets a precedent in the justice system of our country," the group said in a statement.