Ex-Spanish FA president Luis Rubiales handed restraining order

15 September 2023, 15:44

The Spanish FA's former president Luis Rubiales
Spain Soccer Rubiales. Picture: PA

A judge has said Rubiales is not allowed within 200 metres of World Cup winner Jenni Hermoso and is prohibited from contacting her.

Luis Rubiales, the former president of the Spanish football federation, has been given a restraining order and is prohibited from contacting the player he kissed on the lips last month at the Women’s World Cup, Spain’s National Court has said.

Rubiales appeared in front of Judge Francisco de Jorge and denied any wrongdoing when questioned about kissing Spain player Jenni Hermoso on the lips during the awards ceremony, the state prosecutors’ office said.

After hearing Rubiales, the judge issued the restraining order that prohibits him from being within 200 metres of Hermoso. The state prosecutors had asked for that ban to reach 500 metres.

Rubiales arrives at the National Court in Madrid, Spain, on Friday
Rubiales arriving at the National Court in Madrid, Spain, on Friday (AP Photo/Manu Fernandez)

The judge rejected the prosecutors’ request to also oblige Rubiales to check in with a court every 15 days as well as the request by Hermoso’s lawyer to freeze assets belonging to Rubiales.

Rubiales kissed Hermoso on the lips after Spain beat England to win the Women’s World Cup on August 20 in Sydney, Australia. He said she had consented to the kiss, but Hermoso has denied that repeatedly.

Spanish state prosecutors formally accused Rubiales last week of sexual assault and an act of coercion. According to Hermoso, Rubiales pressured her to speak out in his defence immediately after the scandal erupted.

The state prosecutors’ office said Rubiales denied both accusations when answering questions by the judge in an hour-long hearing that was closed to the public.

Neither Rubiales or his defence lawyer, Olga Tubau, spoke to the media outside the National Court.

Hermoso’s lawyer, Carla Vall i Duran, said they were satisfied with the hearing.

“We can continue to affirm that the kiss was not consented to, which is what we have said from the very beginning,” Ms Vall i Duran said. “Thanks to the (images of the kiss), the entire world, the entire country, has been able to observe there was no type of consent. And we are going to prove that in the courtroom.”

The 46-year-old Rubiales finally folded under immense pressure from government and football authorities on Sunday and announced that he was resigning from his post as president of the federation. He had already been provisionally suspended by football’s governing body Fifa.

Mr De Jorge is carrying out the preliminary investigation into the accusations against Rubiales, and will then decide whether the case should go to trial.

According to a sexual consent law passed in Spain last year, Rubiales could face a fine or a prison sentence of one to four years if found guilty of sexual assault. The new law eliminated the difference between “sexual harassment” and “sexual assault,” sanctioning any non-consensual sexual act.

Hermoso had already given evidence to state prosecutors when she accused Rubiales of sexual assault last week, before she left Spain to join her Mexican club, Pachuca.

In the days following the World Cup final, Rubiales said that the kiss was “mutual” and like one “I could give one of my daughters”.

Hermoso responded by saying that was a lie.

“I felt vulnerable and a victim of an impulse-driven, sexist, out of place act without any consent on my part,” Hermoso said in a statement posted on social media. “Simply put, I was not respected.”

By Press Association

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