The investigating judge in charge of the investigation in Spain into the forced kiss imposed on the player Jenni Hermoso by Luis Rubiales requested Thursday the referral to trial of the former boss of Spanish football, alongside in particular the ex- coach of the women’s “Roja” Jorge Vilda.
At the end of his investigation, judge Francisco de Jorge considered that Luis Rubiales' kiss had "not been consented", and that Jorge Vilda had put "pressure" on the Spanish player to cover up the affair, underlined in a press release the court of the National Audience.
This decision can still be appealed and therefore does not guarantee that Luis Rubiales will appear in court for the famous kiss of August 20, which he gave by surprise to the number 10 of the Spanish national team after his victory in the World Cup against England (1-0).
The kiss “was not consented, and it was a unilateral initiative, made by surprise,” indicates the judge in the court document marking the end of his investigation.
“The erotic purpose or not, as well as the state of euphoria and agitation felt following the extraordinary sporting triumph, are elements whose consequence and legal consequences must be assessed during the trial,” he believes. again while Luis Rubiales had mentioned in his defense his emotion, “a moment of happiness, a great joy at that moment”, denying any “sexual connotation”.
“Sphere of Intimacy”
But he specifies that this kiss on the mouth “affects the sphere of intimacy reserved for sexual relations, particularly in the context of two adults”.
In addition to Luis Rubiales, the magistrate requests that the sports director of the men's team, Albert Luque, the former coach of the women's team Jorge Vilda and the former marketing director of the Federation Rubén Rivera be tried for “the pressures” subsequently exerted on the player.
He believes that there are indications of the existence of concerted action by the three, agreed with Luis Rubiales "to break the will of Jennifer Hermoso Fuentes and get her to agree to record a video in which she said that the kiss had been consensual.”
Charged with “sexual assault” and the offense of “coercion”, Luis Rubiales is prohibited from approaching within 200 meters of the player.
Refusing to resign for "a little consensual kiss", he attacked, during a resounding speech five days later, a supposed "false feminism" and argued that he had obtained the player's authorization before kissing her .
Under pressure, Rubiales ended up resigning on September 10, saying he was the victim of a “disproportionate campaign”.
He has since been suspended for three years from all football-related activity by Fifa, a decision he will appeal.