Judge José Manuel Fernández-Prieto has given “full credibility” to Jenni Hermoso by concluding that the kiss given to her by Luis Rubiales after the 2023 World Cup final was surprising and without consent, and has alluded to the “sexual connotation” of this action, for which he has been convicted of sexual assault.

   “Think before you smooch next time amigo!!”

The conviction resulted in a fine of 10,800 euros (11,290 dollars), compensation of 3,000 euros (3,136 dollars) for moral damages to the player and a ban on approaching her within 200 metres, compared to the one and a half year in prison that the prosecution had requested for this offence.

The decision of the Central Criminal Court of the National Court is based on the fact that, although sexual assault is always “reprehensible”, in this case it falls within the category of “lesser intensity” as there was no violence or intimidation, nor was the “victim’s will annulled”.

The magistrate has declared proven the facts of which the Prosecutor’s Office accused him, in which he has not, however, seen the crime of coercion for which Rubiales and three former senior federation officials were also accused, including Jorge Vilda, former women’s coach, who have been acquitted.

A kiss on the mouth is not “the normal way of greeting”The judge has rejected Rubiales’ version of events regarding the kiss and has given “full credibility” to the player, as there is no reason or motive for her to lie or to want to harm the former president of the federation.

The sentence states that kissing a woman on the mouth has “a clear sexual connotation and is not the normal way of greeting.” Jenni Hermoso made it clear that she does not greet people like that, but Rubiales, “with his own actions,” also revealed that he does not usually give kisses on the mouth to greet people, says the judge.

Because during the medal ceremony, only Jenni Hermoso received a kiss on the lips; the rest were hugged and kissed on the cheeks, says the judge, who does not believe that this “change in treatment” was due to the fact that the player missed a penalty in the World Cup final in Sydney (Australia), on August 20, 2020, as Rubiales said in court, since that was “a mere anecdote” of the “sporting success” achieved.

“There was nothing to console,” he says.

Jenni Hermoso is “conclusive”: She did not consent

The judge said that Jenni was “conclusive” in stating that she did not consent to the kiss. Her “disgust” – expressed to her teammates that night – has been “reflected” in the trial through “convincing evidence” that has not been undermined by the expert report presented by Rubiales.

The magistrate considers the lip reading evidence with which Rubiales tried to prove that he asked Jenni Hermoso if he could give her “a little kiss” to be “insufficient”, and does not generate “any doubt” about the existence of the “alleged consent” claimed by the former president of the federation.

The origin of the video analyzed by the experts is unknown, it does not prove “anything” in relation to the consent of Jenni Hermoso, who was facing away from the camera; Rubiales fell into the “contradiction” of saying first that he asked for a “little kiss” and then for a “little kiss”; and, in any case, even if the player had given her consent, “it is not explained” why she gave him the kiss on the mouth.

Jenni Hermoso’s joy does not tarnish her version

In response to the doubts expressed by the defense, the judge is clear in stating that the proven absence of consent “is not tarnished” by the joy shown by Jenni Hermoso in the moments after the kiss, due to the “sporting success achieved that she wants to celebrate at all costs.”

And at this point she remembers that “the sexual assault” she suffered “has the intensity it has and lacks the power to nullify” that joy.

Contrary to what the prosecution and the accusations claimed, the judge concluded that Rubiales did not take advantage of his position “nor of a relationship of superiority with respect to the victim, to commit the crime.”

For the judge, the kiss was “a reprehensible act” by Rubiales “in the midst of the euphoria” of an “unprecedented success in women’s football”, which should be punished with a fine, provided for by the legislator for “minor assaults” which, if not applicable to this case, “would hardly ever be applicable and would be revealed as a superfluous provision”.