The important thing about the conviction of Luis Rubiales is not to know if he will go to prison, nor how many thousands of euros he will have to pay to compensate Jenni Hermoso, the winning footballer of the World Cup that he kissed Without consent while the world was watching.
The important thing is that it represents the end of the impunity of this powerful man who believed himself above the law.
Rubial condemnation gives a reminder that the law is and should be the same for everyone.
Many will remember hermoso for having been “the one who was kissed”, rather than the best striker of the Spanish national women’s team ever. As an emblematic player who has scored more goals for her country than any other woman in history and who has also played a vital role in the field in the transformation of women’s football in Spain.
The superstar which, at the age of 33 and towards the end of her career, helped her country win her first women’s world cup.
She was humiliated to the world of observation by Rubiales when the former head of the Spanish Football Federation (RFEF) kissed her after she was awarded the medal of the World Cup winner August 20, 2023. She will have to live with it forever.
“Since that day, my life has been pending,” said Hermoso when he was testified to the Rubial trial at the High Court of Spain in Madrid in early February.
Rubials refused him the best day of his life and himself has freedom.
Hermoso, flanked by the Alexia Putellas and Irene Paredes teammates, raises the World Cup (Joe Prior / Visionhaus via Getty Images)
The trial lasted two weeks. The judge rendered his verdict in less than one.
Rubials, 47, was found guilty of sexual assault But he and the other three co-accused-the former head coach of Spanish women Jorge Vilda, the former striker from Newcastle United and the former sports director of the RFEF, Albert Luque, and the former Marketing Director Ruben Rivera – have been acquitted of coercion. The accusation allegedly alleged that they had forced Hermoso to agree with the version of rubial events. They denied any reprehensible act.
In the written reasons of the verdict, the judge granted total credibility to the testimony of Hermoso. The court release said: “There was no reason or reason for it to be a lie in its narration of the facts for the sole purpose of harming Rubials.”
Rubials was sentenced to a fine of more than € 10,000 (£ 8,289; $ 11,400) and the High Court of Spain’s decision allows him to go less than 200 meters from hermoso and to communicate with She for a year. He was also ordered to pay an additional € 3,000 for moral damages and half of hermoso’s legal costs.
In 2022, legislation was adopted in Spain, called the law “solo if es so” (“only yes means yes”)Setting sexual consent must be affirmative by acts which “clearly express the will of the person” and that it cannot be supposed by default or by silence.
The new law no longer distinguishes “abuse” or “sexual assault”, but it distinguishes a wide range of offenses by also establishing that violence or intimidation is not necessary to commit sexual assault. This means a new range of sentences that now go from four to 12 years, while before it is six to 12.
Although criticized by some because it meant that the sentences already pronounced would be revised and reduced, the feminist organizations consulted by Athletics Said what the victim often needs was that someone believes it, rather than a more or less important penalty.
The judge’s verdict Thursday was the equivalent of a “I believe” in Hermoso – in the most public of the environments, and which will be reported and broadcast around the world. Rubials was not sent to prison, but what is important for Hermoso is that she can finally have the impression that people believe it.
Rubials outside the court of San Fernando de Henares (Oscar del Pozo / AFP via Getty Images)
The trial leaves us a lot of things to think, one being the repeated revictimization of the victim before the court. During the Hermoso counter-examination, defense lawyers focused on the behavior of the player after Rubials sexually assaulted it. They wanted the perfect victim, who refused to celebrate a World Cup because of what had happened. Whoever could not laugh or who couldn’t party. They wanted a victim who has just cried in the area for something that was not his fault.
In his testimony to the judge on the first day of the trial, Hermoso was impressive. She was shown as the strong person who met her or followed her career knows that he is, and he has portrayed an imperfect victim, certainly in the eyes of the defense lawyers. She was a victim who, despite what had happened, could take advantage of her professional success – that she and her teammates had been crowned world champions.
Hermoso did not curl down before his attacker in court. She had the opportunity to testify without rubials in the courtroom, but she said no. She sat down meters away from her attacker to make her declaration and answer questions from her lawyer, Olga Tubau. She even maintained her concentration and kept her cool on several occasions that Rubials whispered and commented while she was talking.
“I don’t need to cry in a room or throw myself on the ground when the act implies that I did not like (kissing it),” said Hermoso in court. “At that time, when I celebrate being world champion, drinking alcohol and eating, I am happy and smiling because it is the greatest success I can get in my life . “
Society often seeks the perfect victim, the one who acts as everyone wants them to act. The attacker can make mistakes, they are a human being. But the victim must act as a victim where he will be publicly discredited.
If this trial has taught us that a woman can be sexually assaulted and behave as she wishes later and always be considered a victim, then we should be eternally grateful to Jenni Hermoso for that.
The courage she has shown will help the victims who follow.
(Higher photo: Hector Vivas / Getty images)