The National Court rejects the appeals and confirms that Rubiales will go to trial for the kiss on Hermoso

The Criminal Chamber of the National Court has confirmed the order by which the investigating judge Francisco de Jorge terminated the investigation and placed the former president of the RFEF Luis Rubiales on the bench for the alleged sexual assault of the player Jennifer Hermoso and to the director of the national team Albert Luque, the head of Marketing Rubén Rivera and the former national team coach Jorge Vilda for alleged crimes of coercion against her.

In a battery of proceedings notified this Monday, the Third Section responds to the four and dismisses their appeals because it considers that in this phase of the procedure, in which it is a matter of deciding whether there is sufficient evidence to move forward, it has become clear that The facts could fit as crimes against sexual freedom and coercion, whether serious or minor. “From this point of view, the appealed resolution is sufficiently motivated,” he points out.

The magistrates reject Rubiales’ allegation that the facts are not criminal and there is no indication to the contrary because they understand that “beyond the evidentiary assessments that must be carried out in the trial”, the order details all those involved in the procedure and »The legal consequences of kissing and restraint cannot be assessed at this time«, but only when the oral hearing opens.

«The images shown in the proceedings, together with the statements of Ms. Hermoso and the witnesses present and who spoke later with the complainant, together with the relationship that mediated between Mr. Rubiales and Ms. Hermoso do not allow us to affirm, nor the atypicality of the facts, nor much less the concurrent indications. The same can be said about constraint,” adds the resolution that responds to the former president of the RFEF.

They criticize that his defense intends to “confront the statements as if it were a plenary session” when “this is not the time” to do so. «The witnesses recount a series of events that are susceptible to being framed in coercion, The evidentiary challenge corresponds to the plenary phase, not to the investigation, which is limited to determining whether there are indications and whether they can be subsumed into a criminal offense. “Both requirements are met in the appealed order,” the Court decides.

The kiss “was not consensual”

It is worth remembering that it was last January when the judge of the National Court Francisco de Jorge He proposed judging Rubiales by considering that the kiss on the player “was not consensual” and that the former leader acted in a “unilateral and surprising” manner.

The magistrate, specifically, stated in his resolution that “the pressures to which the player was subjected created” in the women’s national team player “a situation of anxiety and intense stress.”

In addition to Rubiales, the magistrate also proposes sending Luque, Vilda and Rivera to the bench for the subsequent pressure to which the player was subjected to agree to hold a public demonstration stating that the kiss had been consensual.

The judge stated that there was “a concerted action of the three“processed agreed with Rubiales” for bend Hermoso’s will and get him to agree to record a video in which he said that the kiss had been consensual.”

2024-04-22 08:57:14
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