National Court judge Francisco de Jorge, who is probing the case surrounding Luis Rubiales and the kiss involving actress Jenni Hermoso, moved Rubiales’s testimony from the planned next Tuesday to January 2. That date aligns with Hermoso’s schedule, as she will be with her teammates for the women’s team gathering. Separately, the Criminal Chamber rejected the defense’s request to compel the chairman of the Central Investigation Court No. 1 to accept certain evidentiary measures.
Among the actions requested by Olga Tubau’s defense was the recording of locker room tunnel moments shortly after the medals were presented at the most recent world championships.
The case centers on alleged sexual assault and coercion after Rubiales kissed Hermoso following the women’s team’s victory in Sydney last August. Rubiales has said the kiss was not consented to. In addition to Rubiales, charges extend to former coach of the Spanish women’s team, Jorge Vilda, the director of the men’s squad, Albert Luque, and the marketing director, all tied to a broader set of alleged pressures. The defense has argued that these pressures may have influenced voluntary statements, and has questioned the federation’s official assertions that certain remarks were never made by the parties involved.
In an official order, the Chamber rejected Rubiales’s objection and upheld the judge’s decision. It clarified that the documented records may be included as documentary evidence if deemed appropriate, and only if the case advances to trial.
A video to review the reactions
Rubiales’s legal team contended in the appeal that the recording would not only reveal what the former president said about the incident but also illuminate the reactions Hermoso and other players may have had. They argued that the footage could be an essential diligence, potentially showing conflicting versions of events presented by the person under investigation and the complainant, according to European press reports.
Hermoso’s personal statement and Rubiales’s lawyer requested a change of summons, and a lawsuit was filed by the federation’s marketing manager’s attorney, who is also a defendant, due to scheduling concerns. The president of the Central Investigation Court No. 1 stated that on the day in question, December 1, the witness statement of the player would be taken at 10:00. Laia Codina was noted as the witness.
Hermoso did not testify before the judge but responded to the prosecutor’s questions as the investigation proceeded. The prosecutor, Marta Durántez, indicated that the proceedings were ongoing, and Hermoso described feeling disrespected. She stated that she was subjected to a situation she never sought and that she did nothing to invite it.
Testimony before the prosecutor’s office, as reported by Telecinco, included Hermoso describing the moment she received the kiss following Spain’s Women’s World Cup win. According to her account, she embraced Rubiales and heard him say, “Someone we messed up.” Rubiales reportedly replied, “Thanks to you, we won this World Cup.”
Hermoso recalled that she turned away from the kiss and moved to the stage with her teammates, adding that she did not expect such an event. In her words to the prosecutor, she said she immediately went down to the stage with her teammates and did not anticipate that moment.
During the proceedings, Rubiales presented a different narrative, framing the kiss as a spontaneous expression of affection that occurred naturally in front of millions of viewers, arguing it was consensual. Hermoso’s legal counsel countered that the kiss took place during a celebratory moment and that consent was not established. The defense contended that Hermoso asked for confirmation before any such contact and described the moment as part of a celebratory scene in which she felt surprised and briefly uncomfortable.