The Central Judge of the Penal Court of the National Court, José Manuel Fernández-Prieto, has sentenced former president of the Royal Spanish Football Federation (RFEF) Luis Rubiales to 18 months of fines at a rate of 20 euros per day for a charge of sexual assault against player Jennifer Hermoso. He acquitted Rubiales of the coercion charge, as well as former national team coach Jorge Vilda, former director of the national team Albert Luque, and former marketing manager Rubén Rivera, who were only accused of this offense.
The verdict, issued on Thursday, just a week after the end of the trial, prohibits Rubiales from approaching Hermoso within 200 meters and communicating with her for a year. In addition to the financial penalty amounting to about 10,800 euros, he was ordered to pay Hermoso a compensation of 3,000 euros, although she had requested 50,000, which the judge deemed disproportionate. The ruling is subject to appeal before the Criminal Division of the National Court.
The judge stated that it was “fully proven” that on August 20, 2023, during the medal ceremony of the final, Rubiales “held the player’s head with both hands and unexpectedly, without the player’s consent or acceptance, kissed her on the lips,” actions that constitute a sexual assault. The resolution highlights the judge’s belief in Hermoso’s account, citing she had no reason to lie to harm Rubiales, with whom she had a good relationship for some time.
The judge also dismissed Rubiales’ justifications for the behavior, which he claimed was a moment of affection and consolation for Hermoso after missing a penalty in the final. He emphasized that such an action has a clear sexual connotation and is not a normal way to greet people with whom one does not have an affectionate relationship.
The verdict also addresses the issue of damages, noting that Hermoso’s request for 50,000 euros for moral damages is excessive, as similar offenses with more severe consequences are compensated with lower amounts. The judge deemed Rubiales’ actions as a lesser form of sexual assault due to the absence of violence or coercion, and he did not abuse his position as RFEF president in committing the offense.
Regarding the coercion charges, the judge acknowledged the actions described in the prosecution’s case against Vilda, Luque, Rivera, and Rubiales towards Hermoso, her brother, and a friend. However, he concluded that there was no evidence of violence or intimidation by the accused, leading to their acquittal of the coercion charge based on the presumption of innocence.
The ruling highlights instances where the accused interacted with Hermoso’s family and friends but did not engage in violent or intimidating behavior. It concludes that despite the defendants’ actions, there was no evidence of coercion as defined by the law. The possibility remains for the verdict to be appealed to the Criminal Division of the National Court, with the prosecution considering its options for further legal action.