Rutger published: Luis Rubiales Convicted for Non-Consensual World Cup Kiss Involving Jenni Hermoso

The former president of Spain's football association, Luis Rubiales, has been found guilty of sexual assault after he kissed Spain's football player Jenni Hermoso without her consent during the 2023 Women's World Cup awards ceremony.

Rubiales, aged 47, was ordered to pay a fine of €10,800, which equates to just over £8,900 or $11,300, but crucially, he managed to avoid a prison sentence. Despite the absence of jail time, the court has imposed a restriction order, prohibiting him from being within 200 meters of Hermoso, as well as forbidding any form of communication with her for a period of one year.

This ruling brings a degree of closure to an incident that has stirred significant public attention and discourse regarding the boundaries of personal interactions in professional environments. Judge José Manuel Clemente Fernández-Prieto, delivering the verdict, emphasized the inappropriate nature of the kiss and its clear sexual connotation. As cited by the Spanish newspaper El País, the judge remarked, "This action of giving a woman a kiss on the mouth has a clear sexual connotation, and it is not the normal way of greeting people with whom one does not have an emotional relationship."

The controversial incident occurred publicly as Spain's team celebrated receiving their medals after their triumphant victory at the World Cup. The moment was captured on live television, showing Rubiales kissing Hermoso on the lips, which sparked widespread debate and criticism.

Jenni Hermoso, who has publicly identified as not heterosexual, received an outpouring of support from fans and celebrities alike following the incident. It was her official complaint that ultimately led to Rubiales' resignation from his position in September 2023.

In his defense during the court proceedings, Rubiales claimed with confidence that he was "absolutely sure" that Hermoso had consented to the kiss. He described it as "something completely spontaneous" and an "act of affection." However, Hermoso contested this claim, asserting that she never consented to the kiss, did not hear or understand any form of inquiry for consent, and expressed that the event marred what should have been a joyous celebration.

Amidst the controversy, Hermoso has spoken candidly about her experiences in women's football and the contrasting atmosphere concerning sexual orientation compared to men's football. In a conversation with the TV program Planeta Calleja, she reflected on the supportive environment within women's football, noting, "In women's football, it is much easier to come out than in men's football. There is a stereotypical image of a footballer with a wife and children. There are some male footballers who have come out but they have been met with a lot of hate."

She further elaborated on the challenges faced by male players who might want to come out, highlighting the persistent stigma and professional consequences they fear. "That player who feels that way does not believe that it is good for his future and they are not going to say it because in men's soccer it is unlikely that they will treat you in a way that makes you feel good," she explained.

Despite calls from prosecutors for a harsher penalty, which included up to 2½ years of imprisonment, the court's decision remained focused on the fines and the restriction order. The case drew attention to other figures within the football community, as three of Rubiales' former colleagues - Jorge Vilda, Rubén Rivera, and Albert Luque - were investigated but ultimately acquitted of any involvement in attempting to pressure Hermoso into declaring the kiss consensual.

The outcome of this case serves as a potential turning point in addressing non-consensual acts within professional settings, reinforcing the importance of consent and respect. It also continues to fuel discussions about the broader culture within sports, particularly surrounding issues of sexuality and gender.

Engage with us in the comments section and share your perspectives. We encourage respectful dialogues on this significant issue.

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