Attention was drawn to the kissing of Luis Rubiales, the suspended president of the Royal Spanish Football Federation, after the prosecution took action, Presentation of the player’s actions Jenni Beautiful, something called directly by the Public Ministry. He gave you fifteen days for this.
If a criminal case is eventually filed, the key to a conviction for sexual assault will lie in analyzing whether there was consent and any sexual intent when the executive ‘beaked’ in front of surrounding television cameras. Something from the world to the world champion, with the extensive case law of the Supreme Court.
As the closest judicial precedent, 13,800 euro fine Businessman sentenced for faking kissing Adelante Andalusian leader in September 2019 Teresa Rodriguez.
If Hermoso does not respond to the Prosecutor’s proposal, there is a possibility that the trial will be refused and not go to trial, since such crimes require the complaint of the victim – not a simple complaint. and the Prosecutor’s Office only operated ex officio in such matters in the case of minors or vulnerable persons.
In any event, the law authorizes prosecutors to act without the victim’s presence “in the legitimate interests of the case”, and the same was true when the National Court’s Office initiated the case after it had been made public. The player’s strong statement that he felt “vulnerable and the victim of an attack” after being kissed on the mouth by his boss. added that Rubiales was “one” impulsive, sexist action that is unwarranted and without any consent” on his behalf.
The absolute absence of consent is one of the keys to any future criminal case against Rubiales. National Court – Competent in the processing of acts abroad- if eventually the prosecutor in charge of the case, Marta Durántez, decides to investigate the case.
attack on freedom
The offense under investigation is Article 178 of the Criminal Code. Imprisonment from one to four years, Anyone who commits any act that violates another person’s sexual freedom without their consent is considered responsible for sexual assault. Item 2 of this article implies that: The use of the term “superiority”, This situation also needs to be analyzed, as Rubiales is the head of the federation to which Hermoso belongs.
To put it bluntly, the lack of consent to condemn sexual abuse existed prior to the controversial reform of the controversial ‘yes is yes only’ law, and if there was violence or intimidation it was punishable as sexual assault.
All such behavior is now considered aggression – there are also aggravated situations – and the norm has clearly defined consent: it will only be understood if it exists “when it is freely expressed”. Actions expressing the will, given the circumstances of the case person”.
What did the Almighty say?
Regarding ijtihad, the Almighty ccondemned for sexual abuse last year –not yet considered an attack – man trying to kiss an underage boy on the mouth The realization that what happened proves the “erotic content” of the act is supported by the fact that he “pulls it from the hips to his body.”
In this case, the high court ruled in the opposite direction of the previous case in 2015. survived the kiss between grandfather and grandson here it turns out that kissing on the mouth is “in some contexts” nothing more than “the one”. normalized way of expressing emotions without erotic overtones“, as criminal lawyer José María de Pablo points out.
The lawyer, in a thread on the social network twitter, in the same sentence the age difference of the high court and Relationship between the alleged criminal and the victim analyze the facts. In particular, the court denounced the minor’s kissing because there was no connection with the victim to justify this, or because the abuser looked at her “lustfully” and called her “beautiful” when inviting her to go home.
In any case, the supreme court adds to this decision: Sensual mood is not necessary for the completion of the crime“it only requires, as a subjective element, recognition and acceptance of the sexual nature of the behavior imposed on or in a position to consent to it.”
In these cases, where “the ambiguity of a particular act is likely to cast doubt on its nature,” the Supreme Court emphasizes that “the lascivious mood operates as an element that reduces the nature of sexual abuse to the detriment of others of less importance.” . Bringing this matter to the Rubiales case, if the case goes to court, it will be the National Court judge who will decide whether the circumstances surrounding Rubiales’ kissing with the actress should ultimately convict him. from sexual assault.