In a recent statement, the National Court confirmed that the kiss on the mouth between Spanish team player Jenni Hermoso and Luis Rubiales was an act carried out against her will. The ruling also noted that Hermoso and those closest to her endured sustained pressure from Rubiales and his inner circle. The aim appeared to be to justify what occurred at the end of the match at the World Cup venue in Sydney.
The prosecutor’s office filed its complaint this Friday. The case, which the National Court judge has not yet accepted for processing, describes a tense environment created by the agent’s behavior that affected the player, her family, and friends. This pressure contributed to a situation of harassment that affected Hermoso’s peace, safety, and ability to freely live her life, according to the Public Prosecutor’s Office.
Even though an option existed to pursue a lawsuit solely for sexual assault—which carries a potential prison sentence of up to four years—the filing adds coercion to the charges. The article 172 of the Penal Code defines coercion as acting without legitimate authority to prevent someone from doing something lawful or to compel them to do something they do not want. The penalty, including fines, is determined by the gravity of the coercion and the method used.
violence against women
To support the claim, the complaint was sent to authorities under the Council of Europe Convention on Preventing and Combating Violence Against Women. The document, signed by prosecutor Marta Durántez, states that Spain commits to protecting women from all forms of violence and to preventing, prosecuting, and eliminating violence against women and domestic violence.
The prosecution explains that when referring to violence against women, it includes any discrimination involving threats of such acts, as well as physical, sexual, psychological, or economic harm, coercion, or arbitrary deprivation of liberty in public or private life.
The story of the truth
Eyewitnesses reported that Rubiales approached Hermoso during the flight from Sydney to Madrid and asked her to appear in an apology video, arguing that his position was at risk. Hermoso refused to participate.
Sources cited by the media also indicated that the coach at the time, Jorge Vilda, pressured the player’s family up to three times to persuade them to agree to the video with Rubiales. The coach denied this pressure in an interview on Ser.
The president who was dismissed reportedly recorded the video in Doha, on a plane, and claimed there was no malice on either side regarding the kiss, attempting to frame Hermoso as a participant in the alleged offense.
“Continuous edition”
Hermoso later stated that she was asked to make a joint statement to ease the pressure on the president, yet she had hoped to celebrate a historic milestone with her teammates. She posted a message on social media the day of the meeting where Rubiales refused to resign.
Hermoso added that she faced ongoing pressure to make a statement that would justify Rubiales’ actions. She noted that various channels and individuals were used to persuade her environment—family, friends, and colleagues—to issue a statement of little relevance to her own feelings. The statement was later submitted to the National Court’s Prosecutor’s Office, and the review of the case broadened to include sexual assault charges.