The lawyer of the footballer Jennifer Hermoso, Ángel Chavarría, will appeal the sentence for which the National Court has condemned the former president of the Royal Spanish Federation of Luis Rubiales for sexual assault, although acquitting him of the crime of coercion. Legal sources have confirmed to Europa Press that the player has approved her representation to file a appeal before the criminal hall after studying the ruling issued this Thursday.
In the sentence, Judge José Manuel Fernández-Prieto condemns Rubiales for sexual aggression at a fine of 10,800 euros, in addition to prohibiting him approaching beautiful in a radius of 200 meters and communicating with her for a year, making it clear that there was no ” Consent ”in the kiss imposed on Jenni Hermoso at the World Cup medal delivery ceremony held in August 2023 in Sydney (Australia).
Rubiales will also have to compensate beautiful with 3,000 euros for “the moral damage caused by the kiss given by surprise, together with the moment in which it is provided, in view of the thousands of people attending in the football stadium and the Thousands of viewers who watched the television ceremony. ”
The magistrate awarded this Thursday “full credibility” to the story of the player and her teammates, but acquitted Rubiales of the crime of coercion when considering that the maneuvers that he later urged in the federation to minimize the impact of the kiss did not include the elements of “violence” and “intimidation” required by the Criminal Code.
The magistrate has agreed to absolve both him and the former director of the Spanish team Albert Luque, the former women’s selector Jorge Vilda and the former marketing marketing of the Rubén Rivera Federation of the crime of coercion as they had not been “proven that they exercise any act of violence or of intimidation about beautiful Jennifer. ”
For its part, the National Court Prosecutor’s Office, which had requested a total sentence of two and a half years in jail for Rubiales, also considers appealing. For both criminal types, the representative of the Public Ministry had requested the penalty of one year for the crime of sexual aggression and another year and a half for the coercion for both Rubiales and for the other three defendants. The Prosecutor’s Office is studying the ruling and when it finishes it, it will decide if it files an appeal.
“Without its consent or acceptance”
In his resolution, the judge considers Rubiales to “hold” his head with both hands and, surprisingly and “without his consent or acceptance,” “gave” Jenni beautiful a kiss on the lips with “a clear sexual connotation” . However, he chooses to impose a fine of fine given the “entity” of the aggression: a kiss that means a “sporadic act” of the accused and that does not need “a special rehabilitation.” And considering that Rubiales did not prevail from his “condition” of president or his “relationship of superiority” when that kiss gave him.
The magistrate recalls that the witness’s statement is suitable for underpinning a condemnation whenever it is plausible and does not concur contradictions in incrimination, as in the case of the athlete. And he points out that “as soon as he got off the platform” he already told his companions the “disgust” for the kiss received, as confirmed by the players who appeared as witnesses.
The resolution explains that giving a kiss on the mouth “is not the normal way to greet the people with whom an affectivity relationship is not maintained.” He does it after remembering that the player herself made “clear” during her statement that “never kisses the people with whom she does not have a special relationship of affectivity” and that Rubiales did not do it with the rest either.
Remember, in this sense, that the defendant was not able to explain “minimally” why he had that “change of treatment” with beautiful Jenni – at the rest of the players they hugged them and gave them two kisses to the face – and says that it is a Fact that “hardly” can be justified by the player’s fact would have failed a penalty, as he tried to justify during the trial. “Such fact is seen (…) transformed into an anecdote for sports success finally achieved (…). Nothing had to comfort, ”says the sentence.
Source: www.eldiario.es
