The most important thing about the condemnation of Luis Rubiales is not whether he will go to prison, or how many thousands of euros he will have to pay to compensate Jenni Hermoso, the World Cup-winning football player he kissed without permission while the world looked.
The most important thing is that it is an end to the impunity of this powerful man who believed he was above the law.
The conviction of Rubiales offers a reminder that the law is and should be the same for everyone.
Many will remember Hermoso because he is ‘the one who was kissed’, rather than the best striker that the national team of Spain Ladies ever had. As an iconic player who has scored more goals for her country than any other woman in history and who also played a crucial role of the field, when transforming women’s football in Spain.
The superstar who, at the age of 33 and towards the end of her career, helped her country to win her first world cup for women.
She was humiliated for the Watch World by Rubiales when the former head of the Spain Football Federation (RFEF) kissed her after she received the medal from her world cup winner on August 20, 2023.
“Since that day, my life is standing -” Hermoso said during her testimony in the Rubiales process in the High Court of Spain in Madrid in early February.
Rubiales denied her the best day of her life and took her freedom away.
Hermoso, flanked by teammates Alexia Putellas and Irene Paredes, lifts the World Cup (Joe Prior/Visionhaus via Getty Images)
The test lasted two weeks. The judge pronounced his judgment in less than one.
Rubiales, 47, was found guilty of sexual abuse, but he and the three other co-featured-the former head coach Jorge Vilda of Spain Ladies, the former Newcastle United Forward and former RFF sports director Albert Luque and former marketing director Ruben Rivera goods acquitted coercion. The Public Prosecution Service claimed that they had forced Hermoso to agree with the version of Rubiales of events. They denied some misconduct.
In the written reasons for the judgment, the judge gave the testimony of Hermoso complete credibility. The declaration of the court said: “There was no reason or motive for her to be false in her narration of the facts with the sole purpose of harming Rubiales.”
Rubiales has been fined more than € 10,000 (£ 8,289; $ 11,400) and the pronunciation of the Supreme Court of Spain connects him to go within 200 meters of Hermoso and to communicate with her for a year. He was also instructed to pay another € 3,000 for moral damage and half of the legal costs of Hermoso.
In 2022, legislation was adopted in Spain, referred to as the ‘solo si si’ law (‘only yes means yes’), in which it is explained cannot be assumed or by silence.
The new law no longer distinguishes between ‘abuse’ or ‘sexual violence’, but distinguishes itself between a wide range of violations by also establishing that violence or intimidation is not necessary to commit sexual violence. That means a new range of sentences that now go from four to 12 years old, while before it was from six to 12.
Although it criticized by some, as it meant that the already pronounced sentences would be revised and reduced, feminist organizations were consulted by Athletics Said what the victim often needs was that someone would believe him, instead of a larger or lesser sense.
The judge’s judgment on Thursday was the equivalent of an “I believe you” to Hermoso – in the most public institutions, and one that will be reported and broadcast all over the world. Rubiales was not sent to prison, but what is important for Hermoso is that she can finally feel that people believe her.
Rubiales outside the field in San Fernando de Henares (Oscar del Pozo/AFP via Getty Images)
The trial leaves us with many things to think about, one is the repeated revictimization of the victim in court. By crossing Hermoso, the defense lawyers focused on the behavior of the player after Rubiales had been sexually attacked. They wanted the perfect victim, someone who refused to celebrate a World Cup because of what had happened. Someone who couldn’t laugh or who could not party. They wanted a victim who was just crying in the corner for something that wasn’t her fault.
In her testimony of the judge on the first day of the trial, Hermoso was impressive. She showed herself as the strong person who met her or followed her career knows she is, and she portrayed an imperfect victim, especially in the eyes of the lawyers. She was a victim who, despite what had happened, could enjoy her professional success-that she and her teammates had been crowned champion of the world.
Hermoso did not turn before her aggressor in court. She had the option to testify without rubiales in the courtroom, but she said no. She sat by her attacker to give her statement and answer questions from his lawyer, Olga Tubau. She even maintained her concentration and kept her cool on several occasions to whisper and comment while she was talking.
“I don’t have to cry in a room or throw myself on the floor when the act happens to imply that I didn’t like it (the kiss),” Hermoso told the court. “At that time, when I am four world champions, drinks alcohol and eat, I am happy and smiling because it is the greatest achievement I can get in my life.”
Society often looks for the perfect victim, the one who acts the way everyone wants them to act. The aggressor can make mistakes, they are a human. But the victim must behave like a victim or they will be publicly discredited.
If this process has taught us that a woman can be sexually abused and behaves, as she wants afterwards and is still considered a victim, then we must be eternally grateful to Jenni Hermoso.
The courage she has shown will help those victims who follow.
(Top photo: Hector Vivas/Getty images)