Thank you, Jenni Hermoso, the conviction is a step forward against abuse

Luis Rubiales, former president of the Royal Spanish Football Federation (RFEF), was convicted of sexual assault. This is the important fact of the sentence made public yesterday by the magistrate José Manuel Fernández. Thanks to the courage and perseverance of Jenni Hermoso and the other players who have supported her, it has been judicially proven that the kiss was given without consent or acceptance by the player and, therefore, the act is criminally punishable. The magistrate has given all credibility to the player, and that is relevant because in this case, which has created so much media fuss, the victim's version had been called into question. It is exemplary, and it can help many other women in her situation that there is a clear recognition that it is a condemnable act.

The sentence, it is true, is not the one requested by the Prosecutor's Office or the popular accusation, who had requested prison. The judge considers that the act is condemnable but there is no aggravating factor such as violence or intimidation; He therefore does not see the point in the punishment including imprisonment. He considers it to be "a sporadic act" that does not require special "rehabilitation of the crime" - a statement that, given what Rubiales has done and said afterwards, could be debatable - and so the sentence is monetary, that is, in the form of a fine. Rubiales will be prohibited from communicating with the player and from coming within a radius of 200 metres for a year. In addition, he must compensate her with 3,000 euros. The specific sentence for the assault is a fine of 20 euros per day for 18 months, which amounts to 10,800 euros in total.

As for the other charge he was accused of, coercion for having tried at all costs to get her to say publicly that it had been a consensual kiss, the judge considered that it had not been possible to prove that there was a criminal offence because here too, he claims, there is no evidence of coercion and intimidation. Therefore, the other three accused are exonerated: the former women's coach Jorge Vilda, the former director of football for the men's team Albert Luque and the former head of marketing for the RFEF Rubén Rivera. The resolution of this part is the one that raises the most doubts. Is it necessary to understand that the kiss is condemned because it was broadcast on television and the coercion is not because the witnesses are not sufficient evidence? How many non-consensual kisses are recorded? How many coercions and intimidations can be proven?

In short, did Rubiales get away with the kiss cheaply? It depends on how you look at it. Personally and professionally, it has cost him dearly and, most importantly, he now has a criminal record for sexual assault. If he was already exposed at the time of the act and in his shameful subsequent communications, in which he refused to acknowledge the facts until the end, his behaviour has now been condemned in a court ruling that leaves no doubt about the facts. It is true that the case is not completely closed, because Rubiales has already announced that he will appeal against the ruling, but for the moment it can be said that there will be a before and after in the Rubiales case because, finally, a brave woman has stood up to an abuse that has been downplayed for too long.