Court confirms verdict against Rubiales: Forced kiss is sexual aggression
In the Spanish kissing scandal, former football boss Rubiales was sentenced to a fine and a ban on contact with player Hermoso. Rubiales appealed. The response was clear.
The appeals court upheld the February conviction of a fine of approximately 10,800 euros and a one-year ban on contact with Hermoso. According to his defense, Rubiales intends to appeal this second decision as well, the Spanish sports newspaper "AS" reported.
Rubiales argued during the trial that the kiss was an expression of spontaneous joy, without any sexual intent. However, the judges emphasized that no libidinal or explicitly sexual intent was required for the crime of sexual aggression—the only decisive factor was the absence of clear consent.
The court also found that Rubiales had not greeted any other player in a similar manner, suggesting a special, personal context for the kiss. Hermoso's immediate reaction and statements from her teammates also underscored that there was no consent.
The court followed the lower court's assessment that it was a "mild form" of sexual aggression. This assessment and the relatively lenient sentence handed down in February were sharply criticized by women's rights activists, politicians, and the media, among others. The public prosecutor had demanded a total prison sentence of two and a half years for the 47-year-old. The appeals court argued that this represented a differentiated application of criminal law in accordance with the actual significance of the incident.
Rubiales resigned from his position in September 2023 in the wake of the public and legal backlash to the incident. FIFA banned him for three years. The case sparked a global debate about power relations and respect in professional sports.
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