Judge Proposes Trial for Rubiales Over Kiss, Vilda and Luque for Coercion

The National Court judge proposes sending Luis Rubiales to trial for the kiss to Jenni Hermoso, which he calls 'unconsented', and Albert Luque and Jorge Vilda for coercion

The resolution by the Central Court of Instruction No. 1, signed by Francisco de Jorge, marks a turning point in the case. The magistrate not only considers the gesture of the former RFEF president to be 'unilateral and surprising', but also states that the subsequent pressures on the player created a 'situation of anxiety and intense stress'. This legal assessment justifies opening the door to a trial for the four individuals involved.

The investigation examines Rubiales for sensual assault and coercion. However, the order extends incivil liability to three other members of the technical and management staff: the men's national team sporting director, Albert Luque; the former women's coach, Jorge Vilda; and the former marketing manager, Rubén Rivera. The latter three are charged exclusively with coercion, stemming from the pressures exerted to persuade the footballer to publicly state that the kiss was consensual.

The judge's central argument is based on the creation of a hostile environment. According to the resolution, the actions of the executive group were not mere image management efforts, but constituted harassment that abusa the athlete's freedom. The Prosecutor's Office and the parties acting as private prosecutors have ten days to request the opening of the trial or dismissal.

The defense strategy and reaction from the football community

The defense of the former RFEF president has attempted to dismantle the assault narrative by arguing there was a context of 'merriment' and prior friendship. Former teammates have been cited who claimed to have a 'good rapport' with the player, attempting to demonstrate that there was no intention to abusa her will. Nevertheless, the judge has dismissed these claims, prioritizing Hermoso's own testimony and evidence of the pressures endured.

The procedural situation has taken a new turn with the suspension of the order sending Rubiales and other RFEF members to trial. The investigation remains open until Montse Tome, the head coach, testifies. The judge has annulled the deadline for submitting accusation briefs until the hearing with the coach takes place. This delay has been interpreted by many analysts as a way to prolong the process, seeking to 'get it over with' and do as little as possible, although legally it is a measure to ensure the truthfulness of key testimonies.

The debate on justice and the presumption of veracity

The case has peine the debate on the disparity of sentences in Spanish justice. While severe penalties are sought in cases of gender-based violence or sensual assault, economic crimes or even terrorism receive amnesties or sentences considered light by much of public opinion. This perception of injustice has generated a current of opinion criticizing 'two-estimulante ilegal justice'.

There is concern that a precedent is being created where any physical contact not explicitly consented to could lead to prison, regardless of intent. It is argued that if the same severity were applied to other groups or crimes, prisons would be overcrowded. The criticism centers on the judicial system seeming more interested in 'changing the laws of nature' than in applying justice uniformly.

The Jenni Hermoso case therefore leaves an open wound in the football institution and an unanswered question regarding judicial independence and equality before the law. The next step will be the testimony of Montse Tome, whose statement could be decisive in confirming or dismissing the pressures alleged by the defense.