Forced kiss on Jenni Hermoso: Luis Rubiales convicted on appeal for sexual assault

The scene, which unfolded in front of cameras around the world , was indeed a case of sexual assault. On Wednesday, June 25, the Spanish courts upheld on appeal the sentence imposed on Luis Rubiales to a fine of 10,800 euros for the kiss forced on player Jenni Hermoso in August 2023. The National Court of Appeal ruled that the characterization of the facts as "sexual assault" in the first instance judgment was " correct ," it stated in its decision, confirming that there was no consent in this kiss imposed by the former number 1 of the Spanish Football Federation.

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Luis Rubiales was sentenced on February 14 to a €10,800 fine for sexual assault, but acquitted of the coercion charge. The appeals court also upheld on Wednesday the ban on Rubiales from approaching Jenni Hermoso within a 200-meter radius, as well as the ban on communicating with her for one year. The court also rejected other appeals filed by the prosecutor's office, which had denounced the judge's "bias" and requested a new trial, and by Jenni Hermoso.

The prosecutor had requested at first instance a two and a half year prison sentence for Luis Rubiales for sexual assault and for the pressure he subsequently exerted on the player to tone down the scandal.

The 47-year-old former president of the Spanish Football Federation saw his career come to an abrupt end following his country's victory in the Women's World Cup final in Sydney on August 20, 2023. That evening, in front of the entire world, he grabbed the head of "Roja" striker Jennifer Hermoso with both hands, before unexpectedly kissing her on the mouth.

Faced with the outrage sparked by this gesture, the former Spanish football powerhouse initially refused to resign over "a little consensual kiss," denouncing a supposed "false feminism" and insisting that he had obtained the player's permission before kissing her. She eventually filed a complaint against him.

During his trial, he had stuck to his guns , saying he was "absolutely sure" that Jenni Hermoso had consented to the kiss. On the other side, the latter, who has become a symbol of the fight against sexism in sport, had described the "countless" pressure she had suffered after the gesture to cover up the scandal.

He eventually resigned in September 2023, two weeks after the incident. Following a reform of the Spanish penal code, a non-consensual kiss can be considered sexual assault, a criminal category that encompasses all types of sexual violence.