Spanish national football player Jennifer Hermoso has decided to condemn Luis Rubiales According to information submitted by ElDiario.es and verified by tax sources, he was charged with sexual assault. The same sources said that a complaint will be made to the National Court “as soon as possible”, adding that the statement was made to the State’s Attorney General to protect the privacy of the victim.
Complaint made At the request of the prosecutor’s office just a few days ago. In her decree, the National Court prosecutor decided to contact Jennifer Hermoso to offer her shares.
“Given the public demonstrations performed by Ms Jennifer Hemoso, the sexual act she was subjected to and by Mr Rubiales was not consented to,” the deputy prosecutor’s decision said. player’s own statementas follows: “The consent of his kiss was also not less… I felt vulnerable and a victim of aggression“Given the precise nature of their statements”, the National Court considered it necessary to determine their “legal significance”.
possible penalties
The first decision was therefore to contact him to offer him the opportunity to lodge a complaint. 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. The statute of limitations for the offense is five years. The key to this type of crime is to show lack of consent; however, experts agree that without a complaint from the injured party, the chance of a judicial remedy to progress before a judge is very slim.
The progress of the case through criminal proceedings does not stop the other two open cases against Rubiales over events that occurred in the minutes after the World Cup final played in Sydney on 20 August.
FIFA and TAD
FIFA opened a case against Rubiales on 24 August through the Disciplinary Board. 90-day temporary suspension just two days later. TAD opened a file last week. two “serious” criminal charges and while deciding on the merits, it awaits the Government’s request for a temporary suspension.
The consent of the National Court judge to whom the case is assigned to process the complaint may paralyze the process in the TAD due to the principle of criminal bias. criminal courts take precedence over administrative courts. In any event, reconciliation will have to be reached if the same facts are considered, as the complaint focuses on the alleged sexual assault against Hermoso, as the TAD also investigates the lack of etiquette regarding the dismissed president’s conduct in the lodge.
As for FIFA, the sports law sources consulted by this newspaper “differently protected legal interests”Therefore, the possible criminal progression of the Rubiales case should not punish the disciplinary process carried out by the highest body of world football.