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Spain court upholds Rubiales’ conviction in sexual assault case

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On Wednesday, Spain’s High Court confirmed a decision that found the former president of the football federation (RFEF), Luis Rubiales, guilty of sexual assault for kissing national team player Jenni Hermoso without her consent during the 2023 World Cup in Sydney.

The court rejected multiple appeals against the conviction, stating that Rubiales kissed Hermoso without her permission during the medal ceremony that followed Spain’s women’s victory in the tournament, as reported.
Rubiales was fined over €10,000 ($11,592) and was cleared of coercion charges along with three co-defendants. Prosecutors had sought a 2½-year prison sentence and called for a retrial, both of which were denied.

On Wednesday, Rubiales’ lawyer, Olga Tubau, announced plans to appeal the fine.
“We are working on an appeal to the Supreme Court to get a judgment of acquittal that is in line with the law,” Tubau noted. “[The Supreme Court has already] made it clear that a kiss is not punishable if it lacks sexual intent, which is the case here.”

The incident sparked widespread conversations about sexism in Spanish society and women’s football, further increasing the momentum of the ‘Me Too’ movement in the country.

Rubiales argued that he acted out of extreme happiness, but the court found that he showed self-control with other players and people there, which meant he could have controlled himself around Hermoso too.

“Considering that he didn’t feel the need to show his happiness with other players or those in the box, and was able to control himself, it follows that he could have likewise handled his conduct with the team captain without too much effort,” the court said.

The court’s criminal division also confirmed on Wednesday that the other defendants who were in court were not guilty of the coercion charge: the former women’s national team coach Jorge Vilda, the ex-football director for the men’s national team Albert Luque, and Rubén Rivera, the former head of marketing for the RFEF.

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