Rubiales Found Guilty of Non-Consensual Kiss, Acquitted of Coercion
A swift ruling from the National Court has delivered a mixed verdict in the case surrounding Luis Rubiales’ actions at the World Cup final. The judge, Juan Manuel Clemente Fernández-Prieto, found Rubiales guilty of sexual aggression, a serious charge.
Guilty of Non-Consensual Kiss
The judge’s decision, delivered this Thursday, firmly established that Rubiales’ kiss of Jennifer Hermoso was indeed non-consensual. This finding carries significant weight, leading to a substantial fine of 10,800 euros and a 3,000-euro compensation payment to Hermoso for moral damages.
Moreover, a one-year restraining order mandates Rubiales maintain a distance of over 200 meters from Hermoso.
Acquitted of Coercion
Though, the judge acquitted Rubiales and others of coercion charges. The judge persistent that, despite evidence of pressure and insistence, no act of violence or intimidation was definitively proven. This decision spared Rubiales, Jorge Vilda, Albert Luque, and other individuals from coercion charges.
The judge’s reasoning highlights the critical difference between insistence and coercion. While the former was present, the latter, a more severe form of pressure, was not convincingly demonstrated.
Next Steps
The Prosecutor’s Office has yet to announce its decision on appealing the ruling. Conversely, Rubiales’ defence has already declared its intention to appeal the sexual aggression conviction. The case now moves to the Criminal Chamber of the National Court for further consideration.
This complex legal saga underscores the delicate balance between proving intent and establishing concrete evidence of coercion.
rubiales’ Presidency Ends in Sexual Aggression Ruling
Luis Rubiales’s tenure as president of the Royal Spanish Football Federation (RFEF) has abruptly concluded,following a damning ruling that found him guilty of sexual aggression.The judge’s decision, delivered in a 36-page document, details the events of August 20, 2023, during the World Cup final podium ceremony.
The Unconsented Kiss
The court’s verdict unequivocally states that Rubiales’s actions constituted sexual aggression. Evidence presented demonstrated that Rubiales, while on the podium, “held the player’s head with both hands and, without consent, kissed her on the lips.” The judge explicitly stated that the player’s testimony was credible and accurate.
A Dismissed Defense
Rubiales’s defense, arguing the kiss was a spontaneous expression of joy and festivity, was soundly rejected. The judge meticulously dissected the defense, highlighting inconsistencies and contradictions. The judge pointed out that Rubiales’s initial description of a “piquito” (a light kiss) evolved into a claim of a simple “kiss,” further undermining his credibility.
The judge also noted the incongruity of rubiales’s claim that he only kisses people with whom he has a special relationship, yet he kissed this player exclusively in this manner. The judge emphasized that the celebratory atmosphere of the World Cup victory did not justify the lack of consent.
Joy Cannot Mask Absence of Consent
The judge’s ruling also addressed the argument that the player’s joy at winning the World Cup somehow negated the sexual aggression. The judge firmly stated that the player’s happiness did not diminish the severity of the unconsented kiss. The judge reasoned that while the act was morally reprehensible, its intensity was mitigated by the absence of violence and Rubiales’s lack of a superior position or relationship with the player.
A Fine, Not Imprisonment
Consequently, the judge imposed a fine, rather than imprisonment. The compensation sought by the player was reduced from €50,000 to €3,000. the judge justified this reduction by stating that the moral damage caused by the kiss, while significant, was not comparable to the damage caused by more severe forms of aggression.
This ruling marks a significant turning point in the world of sports, sending a clear message about the importance of consent and accountability in high-profile situations.
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