Trial Against Luis Rubiales for Non-Consensual Kiss Begins in Spain

A highly anticipated trial has commenced in Spain against former Spanish Football Federation president Luis Rubiales, who is accused of sexual aggression and coercion following a non-consensual kiss on Spanish football player Jenni Hermoso during the medal ceremony of the Women's World Cup.

The Incident and Charges

The incident occurred during the celebrations of Spain's victory in the Women's World Cup, where Rubiales was seen kissing Hermoso without her consent. This act has been deemed a unilateral and surprising initiative by Rubiales, according to Judge Francisco de Jorge of the Spanish Audiencia. The prosecution is seeking a sentence of two and a half years in prison for Rubiales on charges of sexual aggression and coercion.

In addition to Rubiales, three other former officials are also on trial for coercion: Albert Luque, the former sports director of the men's national team; Jorge Vilda, the former coach of the women's national team; and Rubén Rivera, who was in charge of marketing for the federation. The prosecution is requesting a year and a half in prison for each of these individuals.

Trial Proceedings and Witnesses

The trial, which is expected to last eleven days and conclude around February 21, is being held at the San Fernando de Henares courthouse due to the high media interest. Jenni Hermoso was the first to testify, detailing the events surrounding the non-consensual kiss. Other key witnesses include Ana Álvarez, the former director of women's football at the Spanish Football Federation, and Patricia Pérez, known as Poki, the press chief of the women's national team, who reported internal pressures from Rubiales and other officials.

Several teammates of Hermoso, including goalkeeper Misa Rodríguez, and former Barcelona players Alèxia Putellas and Irene Paredes, are scheduled to testify remotely. The current coaches of the Spanish men's and women's national teams, Luis de la Fuente and Montse Tomé, respectively, are also listed as witnesses.

Legal Context and Precedents

The Spanish Supreme Court has recently ruled that a non-consensual kiss constitutes sexual aggression because it involves an "intromission into the sexual freedom" of the victim with the purpose of obtaining "sexual satisfaction at the expense of another." This ruling was made in June, confirming a previous sentence of one year and nine months in prison for a Spanish police officer who kissed a detainee without consent in 2020.

Previous Sanctions

Rubiales has already faced significant consequences for his actions. The Tribunal Administratiu de l’Esport (TAD) has banned him from football-related activities for three years, and he has also been sanctioned by FIFA for the same incident. The TAD imposed a year and a half ban for the non-consensual kiss and an additional year and a half for obscene gestures made during the World Cup final.

Public and Media Interest

The trial has garnered substantial public and media attention, with many outlets covering the proceedings closely. The testimonies of the accused, particularly Rubiales, are highly anticipated, with his testimony scheduled to begin on February 12. The court has accepted various pieces of evidence, including a lip-reading expert to determine the words spoken by Rubiales before the kiss.

This case highlights the serious legal and social implications of non-consensual actions and the commitment of Spanish authorities to uphold the rights and dignity of individuals, especially in high-profile cases.