Judge Francisco de Jorge proposed this Thursday judge the former president of the Spanish Football Federation (RFEF) Luis Rubiales for the forced kiss he gave to the player Jenni Hermoso in the celebration of the title in the Australia World Cup and New Zealand 2023, after the final on August 20 in Sydney.
After completing the investigation of the case, the judge of the National Courtwhich is the main criminal instance, considers that The kiss to the Spanish forward “was not consensual and was a unilateral and surprising initiative.”
Spain thinks about the Eurocup while the Rubiales Case strains the relationship between the men’s and women’s teams
The decision can still be appealed before the Criminal Chamber of the National Court, but leaves Rubiales one step away from being judged.
The judge ruled the following: “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.”
Furthermore, it was added that “affects the sphere of intimacy reserved for sexual relationsparticularly in the context of two adults.”
What the Spanish Penal Code says
Since a recent reform of the Spanish Penal Code, a non-consensual kiss can be considered sexual assaulta criminal category that groups together all types of sexual violence.
“It was not intentional. There was no sexual connotation of any kind, it was just a moment of happiness, the great joy of the moment,” Rubiales had stated in an interview with the British television program Piers Morgan Uncensored last September.
The pressure from Rubiales’s surroundings to the front
In addition, the magistrate’s proposal also includes to judge the sporting director of the selection Albert Luque, as well as the ex-coach Jorge Vilda and the ex-marketing manager of the RFEF, Rubén Riveraby subsequent pressures to which the player was subjected so that she could publicly state that the kiss had been consensual.
The magistrate considers that there is indications of an action by the three agreed with the former federative president to “break the will” of the player and “get him to agree to record a video in which he said that the kiss had been consensual“.
Wildwho rejects having exerted these pressures, managed to get the National Court agree to your request that his former deputy and current coach, Montse Tomé, testify as a witness.
According to the Court, the statement will serve to clarify “if the non-call of Jennifer Hermoso in two matches in Spain was related to the player’s refusal to sign a joint statement with Rubiales” for the kiss.
Rubiales sent the video of Jenni Hermoso laughing at the kiss to FIFA and her entourage says it is “gold dust” for the case
Furthermore, according to the letter from the judge of the National Court, Rubiales would have informed Hermoso’s brother that if the player did not agree to publicly exonerate him, she herself would see negative consequences on your professional future.
Tomé decided not to include Hermoso in Spain’s first two games after the World Cup last September. The reason for him was protect the playeras he was in the middle of a controversy over what happened in Australia. The striker returned to play for Spain last Octoberin the next international window.
Rubiales presented his resignation after receiving pressure
On January 2, the judge took a statement from Hermoso, who reiterated that The kiss was “unexpected” and “at no time consented.” Furthermore, he also stated that he suffered a “constant harassment” of Rubiales and his surroundings in the following days, according to judicial sources.
Juan Castro on the Rubiales case: “It was an unforgivable mistake, but he never made a public mistake”
The judge had also heard Rubiales last September, who defended before the magistrate that the kiss had been consensual.
At first, Rubiales refused to resign for his action in a controversial RFEF assembly on August 25, but in the following days, The pressure was growing from the governmentjustice and the world of football itself until he presented his resignation on September 10.
The former federative president, ssuspended for three years by FIFAalleged that he was leaving office for a “disproportionate campaign” against him and the desire not to harm the 2030 World Cup candidacy.
RM/ED
2024-01-26 05:15:00
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