LUIS Rubiales, the disgraced former chief of the Spanish football federation (RFEF), will avoid jail over the ‘non-consensual kiss’ he planted on footballer Jenni Hermoso after Spain’s National Court upheld the original conviction and threw out an appeal launched by Hermoso’s legal team.
Rubiales, 47 years old, overshadowed Spain’s Women’s World Cup victory over England in 2023 when he grabbed Hermoso, grabbing her by the head, and kissed Hermoso on the lips before millions of viewers.
Spanish prosecutors had been seeking a prison term of two-and-a-half years for sexual assault after Hermoso and her teammates claimed the kiss was unconsensual and not, as Rubiales claimed, a ‘consensual peck’.
But in February, Rubiales was only handed a paltry fine of €10,800 for the offence, small change in comparison to the annual salary of over €630,000 he enjoyed in his capacity as president of the RFEF, a role he held for five years until he resigned in disgrace in September 2023.
Former UEFA Vice-President, Hermoso was found not guilty of coercion for allegedly pressuring Hermoso to publicly state that the kiss was consensual.
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The Public Prosecutors’ Office demanded a retrial over the case, claiming that the judge, Jose Manuel Fernandez-Prieto, was ‘biased’ in favour of Rubiales and had ‘unfairly denied’ key evidence.
Hermoso’s lawyers backed this verdict and said they would appeal Rubiales’ sentence, as well the ruling that he was not guilty of coercion.
The National Court’s appeals chamber has today confirmed the original verdict and dismissed all appeals brought by the Public Prosecutor. These appeals were filed against the former coach Jorge Vila as well the former director for men’s soccer Albert Luque and the former RFEF director of marketing Ruben Riva. All three had been investigated on suspicions of coercion.
During her testimony, Hermoso insisted she had not given consent over the kiss, which she claimed ‘strained one of the happiest days of my life’.
In court, she said: “My boss kissed my cheek and that should never happen in a social or professional setting.”
Rubiales, in contrast, said he was ‘absolutely sure’ Hermoso had given her consent to what he described as a ‘spontaneous…act of affection’.
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With the original conviction upheld, Rubiales will have to pay a fine of €10,800, equivalent to a daily fine of €20 for 18 months.
Hermoso is not allowed to be within 200 meters of him, and he must also refrain from communicating with her for one year.
Rubiales currently serves a three-year ban from all football related activities.
Rubiales, a Spanish Super Cup official who was involved in the controversial move of the tournament to Saudi Arabia, was arrested by the Spanish authorities on April 20, 2024.
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