The investigating judge in charge of the investigation into the forced kiss affair ordered on Thursday the referral to trial of the former Spanish football boss Luis Rubiales, who had kissed the player Jenni Hermoso by surprise in August, after the coronation of “Roja” in the World Cup final. If this decision can still be appealed and therefore does not yet guarantee that Luis Rubiales will appear in court, the shadow of a trial is getting closer for the former strongman of Spanish football, who had clung to his post before resigning a few weeks later in the face of global indignation caused by his action.
However, the judge does not specify in his order the offense(s) for which Luis Rubiales must be tried, even if he had been charged with “sexual assault” and the offense of “coercion”. Since a recent reform of the Spanish Penal Code, a non-consensual kiss can be considered sexual assault, a criminal category bringing together all types of sexual violence. According to the prosecution, the penalties incurred range from a fine to four years in prison.
The magistrate also requests that three other people from the federation be judged, including the former coach of the women’s “Roja” Jorge Vilda, accused of “pressure” on the Spanish player to cover up the affair. At the end of his investigation, judge Francisco de Jorge ruled that this kiss, given to the number 10 of the Spanish national team after its victory in the World Cup, had “not been consented” and that ” “it is a unilateral initiative, made by surprise”, underlines in a press release the court of the National Audience.
“The erotic purpose or not, as well as the state of euphoria and agitation felt following the extraordinary sporting triumph are elements whose consequence and legal consequences must be assessed during the trial”, indicates the judge in the legal document marking the end of his investigation.
Luis Rubiales, 46, spoke in his defense of his “emotion”, “a moment of happiness, a great joy at that moment”, denying any “sexual connotation”. For the judge, this kiss on the mouth “affects the sphere of intimacy reserved for sexual relations, particularly in the context of two adults”.
“Pressure” from the federation
In addition to Luis Rubiales, the magistrate requests that the sports director of the men’s team, Albert Luque, the former coach of the women’s team Jorge Vilda and the former marketing director of the Federation Rubén Rivera be tried for “the pressures” subsequently exerted on the player.
He believes that there are indications of the existence of concerted action by these three officials, agreed with Luis Rubiales “to break the will of Jennifer Hermoso Fuentes and get her to agree to record a video in which she said that the kiss had been consensual. Charged with “sexual assault” and the offense of “coercion”, Luis Rubiales is prohibited from approaching within 200 meters of the player.
On August 20, a few minutes after the world title of the women’s “Roja” in Sydney, the 46-year-old Spanish football boss surprised the attacker with a kiss on the mouth, provoking indignation in Spain and across the country. the world.
Refusing to resign for “a little consensual kiss”, he attacked, during a resounding speech five days later, a supposed “false feminism” and argued that he had obtained the player’s authorization before kissing her . A version denied by Jenni Hermoso who said she “felt vulnerable and victim (…) of an impulsive and sexist act, inappropriate and without any consent on (her) part”.
Under pressure, Rubiales ended up resigning on September 10, saying he was the victim of a “disproportionate campaign”. He has since been suspended for three years from all football-related activity by Fifa, a decision he will appeal.
Jenni Hermoso, 33, has unwillingly become a global symbol of the fight for gender equality. She was elected woman of the year 2023 by the Spanish edition of the prestigious American magazine GQ.