Sunday, September 17, 2023 – Former Spanish FA chief, Luis Rubiales has been ordered not to go within 200 metres of Jenni Hermoso or contact her after he made his first court appearance for allegedly forcibly kissing her.
Judge Francisco de Jorge imposed the restraining order to prevent Rubiales, 46, from approaching Hermoso after he appeared at Madrid’s Audencia Nacional court to deny allegations of sexual assault and coercion filed by the footballer.
State prosecutors had asked the investigating judge to consider issuing a restraining order to prohibit Rubiales from coming within 500 meters of Hermoso or trying to communicate with her, as well as a requirement for him to check in with a court every 15 days to ensure he does not flee the country.
The judge agreed to the order but imposed a stricter restraining order that forbids Rubiales from going within 200 metres of Hermoso, 33.
Rubiales arrived in court today with his lawyer Olga Tubau. He testified before Judge Francisco de Jorge, who is leading the investigation into the kiss. Hermoso will also be called to testify at a later date.
Spanish state prosecutors formally accused Rubiales last week of alleged sexual assault and an act of coercion when, according to Hermoso, he pressured her to speak out in his defence immediately after the scandal erupted.
The state prosecutors’ office said Rubiales denied both accusations when answering questions by the judge in an hour-long hearing that was closed to the public.
Rubiales sparked outrage when he grabbed the midfielder and kissed her on the lips in front of horrified spectators after Spain defeated England 1-0 in the World Cup final on August 20.
Rubiales, who was head of Spain’s RFEF football federation at the time, has repeatedly insisted the kiss was consensual.
But Hermoso has said it was not and left her feeling like the ‘victim of an assault’.
Neither Rubiales or his defence lawyer, Olga Tubau, spoke to the media outside the court.
Hermoso’s lawyer, Carla Vall i Duran, said they were satisfied with the hearing.
‘We can continue to affirm that the kiss was not consented to, which is what we have said from the very beginning,’ Vall i Duran said.
‘Thanks to the (images of the kiss), the entire world, the entire country, has been able to observe there was no type of consent. And we are going to prove that in the courtroom.’
Jude De Jorge on Monday admitted a complaint against Rubiales filed the previous week by the public prosecutors’ office, citing alleged ‘offences of sexual assault’ and ‘coercion’.
Under a recent reform of the Spanish penal code, a non-consensual kiss can be considered sexual assault, a category which groups all types of sexual violence.
Judge De Jorge is carrying out the preliminary investigation into the accusations against Rubiales, and will then decide whether the case should go to trial.
If found guilty of sexual assault, Rubiales could face anything from a fine to four years in prison, sources at the public prosecutors’ office have said.
In their complaint, prosecutors said they had included the offence of coercion because of Hermoso’s statement in which she said ‘she and those close to her had suffered constant ongoing pressure by Luis Rubiales and his professional entourage to justify and condone’ his actions.