Spanish prosecutors have formally requested the annulment of the recent trial involving former Spanish football federation president, Luis Rubiales, who was convicted of sexual assault for kissing player Jenni Hermoso without her consent during the 2023 Women’s World Cup medal ceremony. The prosecution is advocating for a retrial, citing concerns over judicial impartiality and procedural irregularities.
In the initial trial, Rubiales was fined €10,800 but did not receive a custodial sentence. Prosecutor Marta Durántez has criticised this outcome, deeming it insufficient and offensive to victims of sexual assault. She argues that the trial overlooked significant evidence and that the presiding judge’s conduct compromised the impartiality of the proceedings.
Durántez has formally appealed the verdict, requesting the annulment of the original trial and the initiation of a new hearing with a different judge. She contends that the initial proceedings were marred by the judge’s disrespectful tone and the improper admission of certain evidence, which collectively undermined the fairness of the trial.
The incident in question occurred during the medal ceremony following Spain’s victory in the 2023 Women’s World Cup, where Rubiales kissed Hermoso on the lips without her consent. This act sparked a national debate on sexism and misconduct within Spanish sports. Hermoso has consistently maintained that the kiss was non-consensual, a stance she reiterated during her court testimony.
The initial trial concluded with Rubiales’s conviction for sexual assault, resulting in a monetary penalty but no imprisonment. The prosecution had initially sought a custodial sentence of two and a half years, reflecting the severity of the offence. The perceived leniency of the sentence has been a point of contention, prompting the current appeal for a retrial.
The case has also implicated other football federation officials. The prosecution has called for an 18-month prison sentence for three additional defendants, including former national team coach Jorge Vilda and ex-employees Albert Luque and Rubén Rivera, on charges of coercion related to the incident.
The appeal underscores the prosecution’s commitment to ensuring that the judicial process is conducted with impartiality and that the severity of the offence is adequately reflected in the sentencing. The decision now rests with the higher courts to determine whether a retrial will be granted.
