Luis Rubiales’ legal team reiterated on Thursday in their closing statements that Jenni Hermoso had given consent for the kiss exchanged during the presentation ceremony at the 2023 Women’s World Cup. They argued that even if consent was absent, the act should not be regarded as sexual assault.
In stark contrast, Hermoso’s attorney maintained that the kiss was not consensual and that the player had felt pressured to minimize the significance of the incident.
More closing statements are anticipated on Friday, with both the judgment and potential sentencing likely to occur as soon as next week.
Rubiales faces charges of sexual assault for the kiss, which has ignited considerable controversy and overshadowed the celebrations surrounding the national women’s team’s first World Cup victory. Alongside three other former officials from the Spanish federation, he is also facing accusations of coercion for allegedly attempting to persuade Hermoso to downplay the incident.
In requesting his acquittal, defense attorney Olga Tubau asserted there was no sexual intent behind Rubiales’ actions. She argued, “Given what has been presented, he should be acquitted. If the defense’s arguments warrant consideration, then there are also reasonable doubts regarding the accusations.”
On the other hand, Hermoso’s lawyer, Ángel Chavarría, highlighted the evidence purportedly implicating Rubiales in wrongdoing. He stated, “The images clearly depict the assault. Hermoso did not perceive any request for a kiss—she did not consent.”
Legal experts have mentioned that under current law, an unsolicited kiss can be classified as sexual assault, yet the defense emphasized the need to evaluate the circumstances surrounding the act and the dynamic between Hermoso and Rubiales. Tubau remarked, “It is crucial to establish whether consent was present, but we must also examine the surrounding context of the kiss and the relationship dynamics.”
The defense also stood by a lip-reading expert’s testimony, claiming that Rubiales had asked Hermoso for permission. Prosecutors sought to undermine this evidence by questioning the expert’s qualifications, among other criticisms.
Additionally, Rubiales’ lawyers contended that the actions taken to encourage Hermoso not to pursue the matter should not be perceived as coercive, arguing there was no intent to intimidate or force her into an unwanted reaction.
The other officials implicated in the coercion, including former women’s team coach Jorge Vilda, men’s team sports director Albert Luque, and head of marketing Ruben Rivera, have all denied any wrongdoing during their testimonies.
During his testimony, Rubiales reiterated that Hermoso had consented to the kiss, claiming he simply asked her permission to share “a little kiss.” However, Hermoso expressed during her own testimony last week that there was no consent, stating she felt disrespected by Rubiales’ actions following their World Cup victory.
Following the emergence of the scandal, Rubiales resigned under intense pressure three weeks later and has since faced a three-year suspension from FIFA. He characterized the backlash as a “witch hunt” fueled by “false feminists.”
Prosecutors are seeking a prison term of two and a half years for Rubiales and 18 months for the other three officials accused of coercion.