Ex-president Real Spanish Football Federation, Luis Rubiales– asked the judge National audience who is investigating the kiss he gave to a football player Jenny Hermoso in the final Women’s World Championship Australia-New Zealand 2023, case materials against him for sexual violence and coercion and attacked prosecutors for encouraging the player to report him.
In a letter addressed to the head of the Court of Instruction No. 1 of the National Court, Francisco de Jorge, to which the agency had access EFERubiales’ defense believes that this case should be dismissed because it has not been proven that the facts presented constitute “any crime”.
To agree to the case, Rubiales’ lawyer, Olga Tubauasks the magistrate to take into account that Hermoso’s expressed desire to charge Rubiales with sexual assault after he was called to testify by prosecutors “may in fact be a reaction to the previous social or public will to persecute of the fact which it ultimately presupposes.”
Luis Rubiales | Photo: Reuters archive
“Ms. Hermoso’s decision to report the incident is not spontaneous and does not occur immediately after the events, but rather responds to a direct request from the prosecutor’s officewhat makes one speak out in one direction or another, in an atmosphere of enormous public resonance of eventswhich was directly stated by the prosecutor’s office itself, as well as the already widely expressed public, political and media rejection of this act,” explains Tubau.
And it is the lawyer who considers it “paradoxical” that the prosecutor’s office did not mention in the resolution in which it agreed to investigate these events that the player’s public statements after this event “not only were they not unambiguous in the sense intended, but openly contradictory with what she and her brother spontaneously expressed to the media” in which They didn’t care about the kiss.
To this he adds that one of the main tests, moment recording about a kiss that millions of people saw, doesn’t prove a crime sexual violence.
In his opinion, “the context in which this kiss is given and the environment in which it occurs do not allow us to assert, even indirectly, that the elements and requirements of the crime Article 178 of the Criminal Code” Spanish language.
According to the lawyer, “these images objectively prove that we are faced with a tender embrace, physical contact by mutual consent between two people celebrating a moment of great joy, happiness and satisfaction from victory.”
Photo: Reuters Archive
“A manifestation of that euphoria,” he emphasizes, “which at that moment is spoiled by Mrs. Hermosoto the point that she is the one who shows the last signs of affection before continuing to walk across the stage, slapping Mr. Rubiales on the sides,” she emphasizes.
However, “after several hours and social media And mass media They made the kiss the center of attention of comments, ratings, insults and disqualification towards Mr. Rubiales”, player changed “his initial perception about what really happened.”
Thus, the article continues, it began to “reject Mr. Rubiales’ behavior, overshadowing his responsibility for winning the World Cup”; a circumstance which, in his opinion, “undoubtedly had influence on procedural behavior from Ms. Hermoso.”
Photo: Reuters Archive
“No sex offender asks or seeks consent of the victim before committing an act that harms sexual freedom and redress.”
The lawyer also reveals a joint statement she signed with Rubiales, which included statements she herself made “spontaneously and voluntarily” after the kiss.
Without objecting to its publication, Rubiales’ lawyer believes that there was “full agreement with the statement on the part of Ms. Hermoso, this extreme must also be assessed for the purpose of determining whether the facts recorded in the protocol of the kiss have criminal legal significance.”
For crime of coercion that the former president of the RFEF is also accused, his defense claims that it has not been proven that Rubiales and his entourage carried out any pressure on the beauty “neither directly nor indirectly” to justify their behavior.
Photo: EFE
(EFE)
Source: Aristegui Noticias
I’m George Gonzalez, a professional journalist and author at The Nation View. With more than 5 years of experience in the field, I specialize in covering sports news for various print media outlets. My passion for writing has enabled me to craft stories that capture the attention of readers all over the world.
