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Saturday, September 16, 2023

Ex-Spanish football chief Luis Rubiales handed restraining order over non-consensual kiss

Hermoso’s legal counsel maintained that the kiss was non-consensual.

• September 15, 2023
Luis Rubiales kissing Jenni Hermoso
Luis Rubiales kissing Jenni Hermoso[Credit: Yahoo Sports]

A Spanish judge has issued a restraining order prohibiting Luis Rubiales, the former head of Spain’s football federation, from coming within 200 metres of footballer Jenni Hermoso.

The order, requested by prosecutors as the national court in Madrid, deliberates over a criminal complaint accusing Rubiales of sexual assault and coercion.

Appearing in court for the first time, Rubiales firmly denied allegations of sexually assaulting Hermoso by kissing her on the lips following Spain’s Women’s World Cup victory. Hermoso’s legal counsel maintained that the kiss was non-consensual.

Rubiales had recently resigned from his position as the head of the football federation. He made his appearance in a closed court session on Friday, where he denied the two criminal charges against him.

The presiding judge, Francisco de Jorge, granted the restraining order but reduced the distance to 200 metres and prohibited communication between Rubiales and the player during the investigation. However, the request for Rubiales to appear before the judge every 15 days was rejected.

Spain’s Women’s World Cup victory in Australia on August 20th has been marred by controversy surrounding Rubiales’ actions during the post-match celebrations.

The ongoing dispute has led to a potential boycott of the national team, with 39 players signing a letter expressing their dissatisfaction with the football federation’s response, stating that the changes made are insufficient to ensure a safe environment.

Rubiales, dressed in a black suit and white shirt, faced approximately 45 minutes of questioning by the judge during the court session.

He continued to assert that the kiss he shared with Hermoso, where he held her head in his hands and kissed her on the lips, was mutual and consensual.

Hermoso, aged 33, has consistently stated that she did not consent to the kiss. 

Prosecutors have lodged charges of sexual assault and coercion, alleging that Rubiales pressured the Spain forward to support him amid the controversy after the incident.

Spain recently introduced legislative reforms related to consent, notably the “Only Yes is Yes” law, which considers non-consensual actions, including a kiss, as sexual assault. If the case proceeds to trial and Rubiales is found guilty, he could face fines or a prison sentence.

Five days after Spain’s World Cup triumph, Hermoso released a statement emphasising that no one should be subjected to non-consensual behaviour in a workplace, sports, or social setting. She described herself as vulnerable and the victim of an impulsive and sexist act without her consent.

Hermoso is scheduled to provide her testimony in court at a later date.

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