Overview of the Legal Proceedings Related to the Kiss Incident In Sydney
There is a clear indication that kissing Jenni Hermoso without her consent constitutes a crime. A national court judge, Francisco de Jorge, concluded the investigation and proposed that the former president of the Spanish Football Federation, Luis Rubiales, be tried for acts that followed the World Cup final in Sydney on August 20 and for the pressures exerted on the player. The inquiry also examines the involvement of other federation officials and staff in the events that unfolded afterward.
Additionally, actions are considered against Albert Luque, the federation’s former sports director for the men’s team, Jorge Vilda, the former women’s team coach, and Ruben Rivera, the federation’s former marketing manager. The proceedings address allegations of coercion and the responses that aimed to secure a public demonstration or to secure that Hermoso publicly approved the kiss.
In the judge’s order, the kiss by Rubiales, which is under investigation, is described as non-consensual and as a unilateral, surprising act. The document notes that factors such as erotic intent, the moment of the act, or the emotional state following the victory are elements that the court will consider when assessing the legal consequences. The order emphasizes that its function is to determine whether there is enough evidence to consider the described events criminally relevant, thereby allowing a solid accusation to proceed.
No explicit crime type identified yet
At this stage, the magistrate does not provide a detailed classification of offenses. However, it is noted that kissing on the lips, particularly in the context of two adults, touches on the intimate area related to sexual relations and could amount to a crime of sexual assault, potentially carrying a prison sentence of up to four years.
The judge also touches on the behavior of the three other individuals under investigation. He refers to a coordinated action with Rubiales and notes that Hermoso was pressured to participate in a video in which she would say the kiss was consensual.
The judge’s observations connect these actions to a main crime, which is coercion, suggesting that the involvement of those around Rubiales could bear criminal relevance. Regardless of whether any co-infringement is considered minor or major, the court treats these aspects as related to the central allegation.
The instructions indicate that Hermoso experienced anxiety and stress in response to the pressures. The decision directs the prosecutor to consider filing a formal charge or, if appropriate, initiating an oral hearing within ten days or potentially dismissing the case altogether.
Forensic record and summary of events
The decision recounts what happened on the day of the events and details the moments in Sydney during the medal ceremony when Rubiales greeted Hermoso. The report describes how Rubiales held the player’s head at ear level and kissed her on the lips in a spontaneous act. It states that Hermoso appeared stunned and did not have time to react, initially seeking to downplay the moment as the team celebrated a historic victory. As the hours passed, the euphoria gave way to discomfort, compounded by pressure from Rubiales and his inner circle to publicly affirm that the kiss was consensual.
The account notes that, during the flight back to Spain, Rubiales attempted to persuade Hermoso to make a public statement affirming consent. The former federation president also sought to involve Jorge Vilda Rodríguez in pressuring the player’s brother to participate in a video with the intended message. Vilda reportedly spoke to the player’s brother on the plane and warned him of potential professional consequences if his sister did not participate.
Upon arrival in Spain, at Rubiales’ request, Ruben Rivera repeatedly asked Hermoso to speak with the person responsible for the federation’s integrity. Rivera claimed insistence on participating in the video as exonerating Rubiales, while Hermoso expressed a clear reluctance to discuss the matter.
Despite Hermoso’s refusals, Rivera pressed for involvement. He also urged Hermoso to communicate with Albert Luque through a third party so that Luque would participate in the video. Hermoso’s responses were firm, stating her refusal to engage further. Luque eventually received a WhatsApp message from Hermoso’s circle implying continued pressure to produce the video in Rubiales’ favor. The text reflects strong emotional distress and a refusal to cooperate with the requested content.
The consultative notes describe a final message in which Luque is urged to secure support to justify Rubiales’ behavior. Hermoso’s associate relayed anger toward the ongoing pressure, condemning the behavior and wishing isolation in life for those involved.
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