Madrid Prosecutor sees possible ‘sexual assault crime’ The facts included in the complaint he made a few days ago for kissing the mouth of Miguel Ángel Galán, director of the Coaches Training Center (CENAFE) against Luis Rubiales, who is still president of the Royal Spanish Football Federation: Player Jennifer Hermoso after the victory in the women’s football world cup. It therefore sent the document to the Prosecutor’s Office of the National Court, which, if deemed appropriate, was authorized to initiate certain cases. investigative proceedings.
The type of crime that may have been committed by Rubiales is of a semi-public nature and final complaint of the victimAccording to tax sources consulted by El Periódico de España of the Prensa Ibérica group. Although the law Allows the prosecutor’s office to act ex officio “taking into account the legitimate interests” In a specific case, the fact is that prosecutors usually act ex officio if the victims are minors or persons with disabilities. It is not yet known what the prosecutor’s decision will be regarding this particular case.
In fact, the Prosecutor’s Office emphasizes that “no case has yet been filed against Rubiales, neither in Madrid nor in any other case”, that is, it cannot be said that the action carried out by the Madrid Prosecutor’s Office should be understood as a crime. No formal opening of any investigation. “It is merely a bureaucratic procedure to notify the complainant that jurisdiction belongs to the National Court prosecutor’s office.‘ they insist from the Ministry of Public Affairs.
In any case, the document from the Madrid Provincial Prosecutor’s Office dated this Friday and signed by prosecutor Ana María Galdeano by the delegation of the attorney general, states that Galán’s complaint came last Wednesday and conveys some facts. ” HE may constitute a crime where appropriate sexual assault“.
After confirming that the regional authority to hear the facts belongs to the National Court Prosecutor’s Office, it was added that “the current government file was sent to this authority for appropriate purposes”.
There are already four complaints
Galán’s complaint joins three other complaints that have come to both the Madrid Prosecutor’s Office and the Attorney General’s Office in recent days through the citizens’ services department, all of which will fall on the National Court prosecutors’ desk.
This department reports to El Periódico de España: we will investigate all complaints They are sent from the Office of the Chief Public Prosecutor to make the final decision, but in principle, the condition that “the victim, that is, the woman who received the kiss, has made a complaint beforehand” is valid.
on his behalf, Beautiful No steps were taken in terms of condemnation. Despite calling for “exemplary measures” against Rubiales in a joint statement with the mostly Spanish football association FUTPRO, he made a proposal to the head of the federation before the courts.
Up to four years in prison
What happened may be in accordance with Article 178 of the Penal Code. one to four years in prisonA person responsible for sexual assault who commits any act that violates another person’s sexual freedom without their consent. HE the statute of limitations for a crime is five years.
The key to this kind of crime to prove that you do not have consentAlthough experts agree that without a complaint by the aggrieved party, the likelihood of a judicial proceeding before a judge is very slim. In addition, the fact that the Prosecutor’s Office acts alone will mean that the victim has to take a stand by going to the court even though he has not taken any steps in this direction.