The National Court Attorney’s Office also sees these signs: sexual assault Luis Rubiales, the suspended president of the Royal Spanish Football Federation, planted a kiss on the mouth of national team player Jennifer Hermoso after the victory in Australia. According to the actor’s statements, he believes that the kiss was not allowed and therefore, in addition to offering shares to Hermoso, he launched an investigation and gave him the opportunity to formalize the complaint within 15 days. .
The decision is made after review. six complaints were made By Miguel Ángel Galán, director of the Coaches Training Center (CENAFE) and five others. Last Friday, the Madrid Prosecutor’s Office sent the first of these in a letter to the National Court stating: I saw possible crime In the behavior of the dismissed manager, although he has referred the matter to this body, this body has the authority to initiate an investigative investigation when appropriate.
Hermoso took no steps to impeach the federation’s president in court, despite a joint statement with Spanish football federation FUTPRO demanding “exemplary measures” against Rubiales by sports institutions.
However, after the manager appeared before the Federation Council and clarified the facts that the kiss was accepted by the actor, Hermoso gave the media a stern statement: “Never.” “He agreed. He added that he felt it.Vulnerable and victim of aggressionan impulsive, sexist act that is unwarranted and without any consent”.
Clear expressions of the player
In the face of these public statements, the Prosecutor’s Office understands that the young woman’s “sexual act” “was not consented to” and adds: “Given the non-procedural moment we are in and the precise nature of the investigation”, the legal significance of her statements needs to be determined.
Thus, a lawsuit is filed for the alleged crime, since the events complied with the Penal Code, in particular Article 178 of the norm, which provides for a prison sentence. from one year to four years, Persons who commit any act that violates the sexual freedom of another person without their consent will be held responsible for sexual assault. The statute of limitations for the offense is five years.
The semi-public nature of the type of crime that Rubiales may have committed and the ex officio disclosure of this type of crime have been the subject of investigation. requires, in principle, the victim to file a complaint. Although the law allows the Prosecutor to act ex officio “in the legitimate interests” of a particular case, the reality is that prosecutors usually only take direct action when the victims are minors or persons with disabilities. As for the competition, corresponds to the National Court He is Spanish because there is a possible crime committed abroad by a Spaniard and he is the victim.
Complaints about pre-baby exhibitionism
One of the complaints the prosecution is currently examining refers to the “existence of obscene exhibitionism in front of a minor”, referring to the moment when Rubiales touched her groin in the presence of Infanta Sofia at the end of the meeting. The Public Ministry did not address these facts in the decree signed by Marta Durántez, the deputy prosecutor who will be responsible for the investigations. Documentation was sent from the State Attorney General’s General Technical Secretariat along with six complaints submitted in an internal memo.
The decision states the facts of the complaint, which consists of “kissing the player’s mouth while holding the actor’s head with both hands”, which he believes may constitute a sexual assault crime.
Investigations are still continuing before the judge, that is, before the trial, and are opened after the evidence is obtained that no court has brought a case regarding what happened. In the prosecutor’s decree, the actions to be taken include searching the address of Hermonso so that a share offer can be made, and providing a “simple and understandable” way to file a complaint as a “victim”. alleged sexual assault crime.”