The National Court admits the complaint of the Prosecutor's Office against Rubiales for crimes of sexual assault and coercion

The head of the Central Court of Instruction number 1, Francisco de Jorge, has admitted this Monday the complaint filed by the Prosecutor's Office for the crimes of sexual assault and coercion against the former president of the Royal Spanish Football Federation (RFEF) Luis Rubiales, for kiss he gave to national team player Jenni Hermoso at the World Cup trophy presentation in Sydney (Australia).

The magistrate, to whom the complaint for distribution corresponded, agrees to the first steps in this procedure. Before setting up interrogations, he wants to have the images in which the kiss was seen. Thus, it demands from RTVE the video or videos that they have in their files that capture the moment from all angles in which the defendant kisses the complainant, as well as the minutes immediately before and after the event related to the celebration of the victory of the women's soccer team. In addition, he has requested the video of the celebration in the locker room and the celebration on the bus of the Spanish women's soccer team..

The resolution transfers Rubiales as a defendant to the Prosecutor's Office brief so that he can learn about the alleged facts and exercise his right to defense with all procedural guarantees.. The magistrate has taken over the investigation after the Public Ministry reported the facts due to indications of the commission of a double crime: sexual assault and coercion..

The order accepts jurisdiction over the facts as the National Court is in charge of instructing on crimes committed by Spaniards abroad.. Provided that the act is also punishable in the country where the alleged crime occurred and there is a complaint from the Public Prosecutor's Office, as is the case.. After collecting the documentary evidence detailed, the magistrate will expand the investigations to the statements of witnesses, victim and defendant, according to consulted legal sources..

constant pressure

The prosecutors' complaint was filed after the player appeared before the prosecutor on September 5, accompanied by her lawyer, and expressly denounced the events that, according to her statement, occurred without her consent.. Jennifer Hermoso also stated in her statement that both she and those closest to her suffered constant and repeated pressure from Luis Rubiales and his professional environment to justify and approve the facts.. The prosecutor considers that this harassment could constitute a crime of coercion.

FIFA suspended Rubiales for three months from his position as head of the Federation and as vice president of UEFA in a resolution that was announced on Saturday, August 26.. FIFA has yet to decide on the merits of the file that has cost him the temporary suspension and the result could be a years-long disqualification..

In the complaint, the prosecutor requests that a statement be taken from Luis Rubiales, as an under investigation, and Jenni Hermoso as a victim.. Likewise, it requests that information be collected from the Australian authorities on the classification of crimes against sexual freedom in their criminal regulations.. Once the complaint has been filed, the court of the National Court to which it corresponds by distribution will be in charge of investigating the case..

According to the Penal Code, these acts can be punished with between one and four years in prison: “Whoever carries out any act that violates the sexual freedom of another person without their consent. It will only be understood that there is consent when it has been freely expressed through acts that, in light of the circumstances of the case, clearly express the will of the person.” However, in the chapter on aggravating circumstances included in article 180 it is contemplated that The penalty can reach up to eight years in prison when the person responsible has taken advantage of “a relationship of superiority.”