Former Spanish football federation chief, Luis Rubiales is staring down the barrel of a prison sentence if he is convicted of kissing Spanish forward Jenni Hermoso against her will at the final of the FIFA Women’s World Cup.
This week, court documents from Spain’s High Court show that Rubiales, who has been charged with one count of sexual assault and one charge of coercion, could face up to a combined prison sentence of two and a half years if convicted. The offences carry a one year and 18 months prison sentence respectively.
However, even if he is convicted and sentenced, Rubiales may end up dodging jail time. That’s because in Spain, if individual sentences don’t surpass two years, judges can “exceptionally” suspend jail terms.
Hermoso has maintained that the kiss was unwanted and non-consensual, and that she felt “vulnerable and a victim of aggression” of Rubiales’ action — which she described as “an impulsive, sexist, out of place act and without any kind of consent on my part.”
Rubiales has argued the kiss was “spontaneous, mutual and consensual” and has continuously denied any wrongdoing.
In January, Hermoso testified against Rubiales, claiming that she was coerced by Rubiales and his staff to downplay the incident and say the kiss was consensual.
Three officials — former women’s national team coach Jorge Vilda; the sporting director of the Spanish Federation (RFEF) and men’s national team, Albert Luque; and the RFEF’s marketing chief, Rubén Rivera — have been accused of this coercion.
According to court documents, Vilda, Luque and Rivera harassed Hermoso by applying “constant and repeated acts of pressure” on her and through her friends and family. All three officials have denied the charges, which could see them face 18 months in prison if they are convicted.
Lead prosecutor Marta Durántez requested that Hermoso be paid €50,000 (AUD$82,900) in damages by Rubiales, plus another payment of the same amount to be paid jointly by Rubiales, Vilda, Luque and Rivera.
Hours after the Prosecutor’s Office made their requests, the Spanish Football Federation (RFEF) suspended Luque and Rivera.
Durántez also sought a restraining order against Rubiales for her client, barring him from coming within 200 metres of her and from communicating with her for the next seven and a half years. Last September, Judge Francisco de Jorge had already imposed a restraining order to prevent Rubiales approaching Hermoso or trying to contact her.
On Wednesday, the RFEF issued a statement affirming its management commission will investigate “any type of contract that may be under suspicion due to the actions of its former president, Luis Rubiales.”
“The RFEF wants to show its total disassociation with the irregular conduct and actions of its former president and all those who may be involved, as well as emphasise that this institution is far above its leaders. Spanish football is much more than its former presidents or leaders.”
“The RFEF will demand accountability from those responsible for sending the documentation required by the courts, if it is confirmed that they failed to comply with their obligations. In addition, it will also examine any other culpability that may arise from irregular conduct or decisions.”
In October, Rubiales was banned from all football-related activities for three years by FIFA’s Disciplinary Committee. FIFA had initially suspended him for 90 days to allow the disciplinary committee to investigate his behaviour at the Women’s World Cup final.