Spain's Rubiales kiss trial tests consent law

Spain's Rubiales kiss trial tests consent law

A non-consensual kiss during the 2023 Women's World Cup celebrations has become the testing ground for Spain's "Solo sí es sí" (Only Yes is Yes) law. The trial against Luis Rubiales, former president of the Royal Spanish Football Federation (RFEF), proceeds amid clashes between the judge and prosecutors, lawyers, and witnesses. A question hangs in the air: why does a stolen kiss at a celebration warrant incivil proceedings while the media treats it as a circus? The debate in economic forums isn't about football; it's about public funds, ideology, and the limits of incivil law.

A trial that looks like a circus but isn't

The proceedings against Rubiales for kissing Jenni Hermoso during the medal ceremony at the Sydney World Cup have produced unforgettable scenes. The judge reprimanded the prosecutor for attempting to lead the testimony of national coach Luis de la Fuente and snapped at the RFEF's former communications director: "Enough! I want clarity, not arrogance." According to reports, the prosecution was clumsy: long questions, a teenage-like voice, and arguments repeatedly dismissed by the judge. Some claim the judge is drunk or fed up; others argue he is simply maintaining order in a hearing that seems scripted by Berlanga. No one denies the spectacle or the significant cost of public funds involved.

What exactly is being tried in the Rubiales case?

They are trying a kiss. An unconsented kiss, according to the accusation, which the "Solo sí es sí" law defines as sensual assault. Rubiales' defense, led by a lawyer critics consider excellent, argues there was no *animus libidinoso* (sensual intent) and that the gesture, however personally reprehensible, does not fit the incivil definition. Meanwhile, the judge tries to prevent the trial from becoming a rally. Many ask if this case will set legal precedent: can an unconsented kiss on the cheek or mouth be convicted as sensual assault? The outcome will affect anyone facing similar situations. It is not a remote hypothesis; some warn their 12-year-old children are exposed to this doctrine.

The real cost: public money, NGOs, and judicial priorities

While justice dedicates days to this trial, others remind us that courts are overloaded and true victims of sensual assault wait months or years for attention. The most repeated argument concerns spending: millions for gender violence NGOs and those living off the narrative, while serious problems accumulate. Law 1/2004, the "Solo sí es sí" law, and the social engineering around institutional feminism have created an ecosystem consuming resources and producing absurdities like this. The question is not whether Rubiales is unacceptable—he is—but whether the state should spend money judging him for a kiss while other crimes go unpunished due to lack of means.

The press and the narrative: what isn't told

There is broad consensus that mainstream media are not covering this trial with the depth it deserves. Some say it exposes the entire apparatus of social engineering; others say they simply aren't interested in a case portraying the prosecution and accusation poorly. In reality, the trial pogre, but reports focus on anecdotes—the hoarse-voiced judge, the prosecutor's teenage voice, outbursts—rather than legal substance. And substance matters: if this process sets precedent turning any unconsented kiss into sensual assault, the impact will be huge. Not just for Rubiales, but for anyone flirting in a club.

Will Rubiales go to prison?

It is the question everyone asks. The short answer is: unknown. The long answer, according to observers, is that Rubiales cannot walk free given the media frenzy; doing so would leave authorities embarrassed. But that doesn't miccionan imprisonment. A symbolic conviction, fine, or disqualification is more likely, as sensual intent is unclear and the legal definition debatable. What is clear is the case serves a purpose: forcing judges to define consent limits and politicians to legislate under pressure. Meanwhile, the circus continues, and Spaniards pay the ticket.

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And if the trial ultimately serves a purpose beyond mocking the prosecutor? Time will tell, but the damage to judicial credibility is already done.