Madrid, 02/20/2025.- Archive photography (03/02/2025), of the former president of the Spanish Football Federation (RFEF) Luis Rubiales, which has been sentenced by the National Court to 18 months a fine with a daily fee of 20 euros (about 10,800 euros) for a crime of sexual assault for the kiss in the mouth of the player Jennifer Hermos EFE/Chema Moya
Foto: EFE – Chema Moya
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A Court of Appeal in Spain confirmed on Wednesday the sentence for sexual aggression against the former head of Spanish football, Luis Rubiales, for kissing without her consent to the player Beautiful Jenniin a case that caused indignation worldwide.
The Criminal Chamber of the National Court ratified the judgment of the Court of First Instance, which in February imposed a fine on the former president of the Spanish Football Federation (RFEF) of 10.800 euros ($ 12,500) and the prohibition of approaching or contact the victim for a year.
This Chamber considered the decision of the First Court to qualify the facts as “sexual aggression”, since Rubiales, 47, was proven, 47 years old, “He kissed without consent to beautiful”as noted in a statement.
The once strong man of Spanish football had appealed the sentence claiming that his kiss did not have “Sexual class connotation”an indispensable condition for the crime of sexual aggression.
But the National Court remarked that “it cannot be said that a kiss in those circumstances were frequent or usual or usual”, and that the “Kiss on the lips in those circumstances reflects a clear sexual connotation.”
The penalty that Rubiales received was much lower than the one requested by the Prosecutor's Office, which requested two and a half years in prison: One year for sexual assault and a year and a half for the pressures exerted on the player to minimize the gesture.
They ratify that there were no coercion
The events occurred on August 20, 2023 during the medal delivery ceremony after Spain was proclaimed world champion in Sydney, when Rubiales He planted a kiss on his mouth To the player.
The gesture went viral in networks and generated indignation reactions worldwide, but Rubiales clung to the position despite a suspension of FIFA and the multiplication of the calls to resign, even from the Government of Spain.
Finally, he resigned in September 2023.
The Court of Appeals also dismissed the appeal of beautifulattacker of the Tigers of Mexico of 35 years, who had asked to reversed the acquittal of Rubiales and three other former leaders of the RFEF of the crime of coercion, for the alleged pressures to the player so that heIt will import the kiss publicly.
According to the February judgment, the judge dismissed that crime by not finding that there was violence or intimidation.
The National Court explained that “it cannot review an absolute pronouncement except when causes of nullity, which do not occur in this case.”
Without “violation” of rights
He also rejected an appeal from the Prosecutor's Office, which had requested a new trial when considering that the judgment magistrate It showed partialitypreventing asking numerous questions and ignoring evidence in your sentence.
But the Court of Appeal said not to observe “any violation of the rights or of procedural guarantees”, so he confirmed the conviction against Rubiales as imposed by the court in the first instance.
From a reform of the Spanish Criminal Code last year, A unseeled kiss can be considered sexual aggressiona criminal category that groups all types of sexual violence.
The trial of Rubiales and his close surroundings became a symbol in the fight against sexism in Spanish sport and gave rise to the #Seacabó label.
Rubiales is also judicially investigated for alleged corruption and irregular contracts During its presidency of the Federation, in particular for the agreement that the Super Cup of Spain brought to Saudi Arabia.
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