The legal saga surrounding Luis Rubiales, the former president of the Royal Spanish Football Federation (RFEF), and his non-consensual kiss with player Jenni Hermoso after the Women's World Cup final in August 2023, continues to unfold. In the latest development, the Spanish National Court has upheld Rubiales' conviction and the associated fine for sexual assault.
The court's decision solidifies the initial penalty imposed on Rubiales, which includes a fine of €10,800. This amount is derived from a daily fine of 20 euros over a period of 18 months. In addition to the financial penalty, Rubiales is prohibited from approaching within 200 meters of Hermoso or contacting her for a year.
The incident occurred during the medal ceremony following Spain's victory in the Women's World Cup in Sydney, Australia. Rubiales' actions sparked widespread condemnation and ignited a national debate about sexism and consent in sports and Spanish society. The controversy quickly evolved into a #MeToo movement within Spain, symbolized by the hashtag #SeAcabó ("It's over").
The court's recent ruling dismisses appeals from all parties involved, including the prosecution, private accusations, and Rubiales' defense, thereby confirming the original judgment issued by the Central Criminal Court in February. Furthermore, the court rejected requests to repeat the trial.
While Rubiales has been convicted of sexual assault, he was acquitted of coercion charges. Similarly, three other individuals who were accused of pressuring Hermoso to downplay the kiss were also acquitted. These individuals include Jorge Vilda, the former women's national team coach; Albert Luque, the ex-director of men's football; and Rubén Rivera, the former head of marketing for the RFEF.
During the initial trial, Hermoso testified that the unsolicited kiss and subsequent commotion "tainted one of the happiest days of my life." She stated that she never consented to the kiss. Judge Jose Manuel Fernandez-Prieto, who presided over the case, stated that the act of kissing someone on the lips without consent has a "clear sexual connotation" and is not a typical greeting in the absence of an emotional relationship.
Beyond the legal ramifications within Spain, Rubiales also faced consequences from FIFA, the international football governing body. FIFA imposed a three-year ban on Rubiales from all football-related activities at both national and international levels. This ban was later upheld by the Court of Arbitration for Sport (CAS), which rejected Rubiales' appeal.
The Rubiales case has had a profound impact on Spanish football and society. It has led to widespread calls for structural change within the RFEF and greater support for women's football. The incident also prompted the entire Spain women's national football team to withdraw from selection in protest.
While the recent court decision marks another step in the legal process, Rubiales has the right to appeal the ruling.