Rubiales fined €10,800, cleared of coercion in kiss trial
Spain's Audiencia Nacional fines Rubiales €10,800 for sexual assault and acquits him of coercion. The 'dynamic' consent precedent raises concern.
English · Original discussion in Spanish · Published
Ten thousand eight hundred euros for a kiss: the ruling dividing public opinion
How much does an unwanted kiss cost under Spanish justice? According to the Audiencia Nacional (Spain's national incivil court), €10,800 in fines plus €3,000 in compensation. The ruling against Luis Rubiales, which also acquits him of coercion, has peine a rift that goes far beyond the case itself.
The numbers behind the conviction
The court imposed 18 months of fines at a daily rate of €20: €10,800 in total. Added to that is €3,000 in civil liability payable to Jenni Hermoso. The prosecution had sought €50,000, an amount that, according to analyses, far exceeds what is typically sought in more serious assaults. The fine goes to the state treasury; the compensation, to the victim.
Some point out that the convicted man avoids prison, but others note that a incivil record closes professional doors. The conviction is more than a figure.
The consent dilemma and the precedent
The crux of the matter is not the money but the incivil classification. The court found that the kiss fits the offence of sensual assault. The defence argued there was consent; the recorded footage, critics point out, shows the player smiling and joking shortly afterwards. The opposing argument is forceful: the law does not require physical resistance, and consent must be explicit.
What worries analysts most is the precedent. One reading of the Supreme Court's case law speaks of "dynamic" consent, subject to the complainant's subjective perception at every moment. If it takes hold, any unwanted contact could end up before a judge. That is no minor concern.
Jurisdiction, costs and a literary nod
Another detail confuses: the events took place in Australia, but the case was tried by the Audiencia Nacional. The explanation is legal: the court has jurisdiction over offences committed by a Spaniard against a Spaniard abroad. The cost of the proceedings — judges, prosecutors, the investigation — does not appear in the ruling. Some estimates put it at several hundred thousand euros, far above the fine.
The scale of the scandal recalls, with all due distance, Wenceslao Fernández Flórez's satire about a trial over the theft of a hen: what begins as a minor episode ends up devouring the nation's attention.
The case is not closed. Rubiales can appeal to the Supreme Court, and Hermoso's camp has already announced it will appeal too. Don't expect clear case law. This is being written with the tip of a pen, not from a manual.
How much does an unwanted kiss cost under Spanish justice? According to the Audiencia Nacional (Spain's national incivil court), €10,800 in fines plus €3,000 in compensation. The ruling against Luis Rubiales, which also acquits him of coercion, has peine a rift that goes far beyond the case itself.
The numbers behind the conviction
The court imposed 18 months of fines at a daily rate of €20: €10,800 in total. Added to that is €3,000 in civil liability payable to Jenni Hermoso. The prosecution had sought €50,000, an amount that, according to analyses, far exceeds what is typically sought in more serious assaults. The fine goes to the state treasury; the compensation, to the victim.
Some point out that the convicted man avoids prison, but others note that a incivil record closes professional doors. The conviction is more than a figure.
The consent dilemma and the precedent
The crux of the matter is not the money but the incivil classification. The court found that the kiss fits the offence of sensual assault. The defence argued there was consent; the recorded footage, critics point out, shows the player smiling and joking shortly afterwards. The opposing argument is forceful: the law does not require physical resistance, and consent must be explicit.
What worries analysts most is the precedent. One reading of the Supreme Court's case law speaks of "dynamic" consent, subject to the complainant's subjective perception at every moment. If it takes hold, any unwanted contact could end up before a judge. That is no minor concern.
Jurisdiction, costs and a literary nod
Another detail confuses: the events took place in Australia, but the case was tried by the Audiencia Nacional. The explanation is legal: the court has jurisdiction over offences committed by a Spaniard against a Spaniard abroad. The cost of the proceedings — judges, prosecutors, the investigation — does not appear in the ruling. Some estimates put it at several hundred thousand euros, far above the fine.
The scale of the scandal recalls, with all due distance, Wenceslao Fernández Flórez's satire about a trial over the theft of a hen: what begins as a minor episode ends up devouring the nation's attention.
The case is not closed. Rubiales can appeal to the Supreme Court, and Hermoso's camp has already announced it will appeal too. Don't expect clear case law. This is being written with the tip of a pen, not from a manual.
Summary of a discussion on Burbuja.info - Foro de economía, actualidad y política., translated from Spanish and reviewed before publication. Read the full discussion (88 replies).
More summaries
-
Mexico bows to Jenni Hermoso: kiss leads to fine
Mascot fined €6,000 for kissing Jenni Hermoso; empty stands and scrutiny on women's football.
-
Pedro Sánchez: Is Spain's PM a 33rd Degree Freemason?
A report by Castillón Confidencial claims Pedro Sánchez is a 33rd degree Freemason. Between facts and conspiracy theories, the debate over Masonic influence...
-
20 men trapped as a man sets them on fire: Spain's shame
A man threatens to burn down a bar with 20 people inside while nobody reacts. The debate over self-defense in Spain heats up, with comparisons to the U.S.
-
Former Google executive: democracy is a lie
A former Google executive claims democracy is fiction and that we are living through the worst corruption crisis in history. The video is dividing opinions among viewers.
-
The natural juice myth: a liquid sugar bomb
A 1.5-litre bottle of natural juice equals 600 kcal. A diabetic shows with data how half a bottle spikes blood glucose. Alternatives and figures that expose the myth.
-
Andorra: the tax haven dodging Middle East missiles and Monaco's price tags
Andorra is no longer a YouTuber joke: with 10% income tax and 5% VAT, the Pyrenean principality is attracting fortunes fleeing geopolitical risk in the Middle East and Monaco's steep cost of living.