2023-09-06 14:58:40
The player of the Spanish team Jenni Hermoso appeared on Tuesday at the Prosecutor’s Office and formalized an express complaint against the suspended president of the Royal Spanish Football Federation, Luis Rubiales, for the kiss he gave him during the ceremony after winning the world, in Sydney, on August 20. It is the first step for the Public Ministry to sue him, which will happen “as soon as possible.”
The appearance, as reported by tax sources, took place before number two of the National Court Prosecutor’s Office, Marta Durántez, at the headquarters of the State Attorney General’s Office to “preserve their privacy.” And in it, in line with the request that the lieutenant prosecutor made to her in writing a few days ago, she has expressed her desire to ask Rubiales for criminal responsibility for what could constitute a crime of sexual assault.
The Prosecutor’s Office of the National Court opened investigative proceedings on August 28 after receiving half a dozen complaints that called into question this action. There was one more for the inappropriate behavior of Rubiales, touching his genitals in the box of authorities, although it was not taken into consideration.
The prosecutor lieutenant, who considered that the facts reported in the complaints could constitute a crime, took as a first step to locate Hermoso to ask him directly if he wanted to take legal action against Rubiales, since to date, he had not denounced him and although the The Prosecutor’s Office can act ex officio in sexual crimes, it must “consider” the circumstances of the victim.
Proceedings and complaint
In practice, this means that it only acts without the impulse of the affected party when dealing with minors, people with disabilities or in particular circumstances of vulnerability, and this would not be the case.
Once Hermoso’s conviction that he wants to go to criminal proceedings has been expressed, the intention of the National Court Prosecutor’s Office is to prosecute this matter with the presentation of a complaint, which will be, in line with what was already indicated in the decree of opening of the investigation, for an alleged crime of sexual assault.
Once the matter has been prosecuted, several unknowns are opened, such as what happens with the sanction file for serious infraction that the Administrative Court of Sport has initiated against Rubiales. There they also have on the table a specific request from the Higher Sports Council to issue their precautionary suspension, despite being de facto relieved of the position by prior decision of FIFA.
The TAD file, in the air
The rule is that when criminal proceedings are opened, the administrative proceedings against the same person and on the same facts are suspended pending the analysis of whether there was a crime, which thus has priority.
However, the experts consulted by ABC have been warning that if the facts differ, which would happen for example with a serious infraction due to lack of decorum in sport, the criminal and administrative proceedings can be developed simultaneously.
It does seem clear that the TAD will have to send the information collected so far on this matter to the National Court Prosecutor’s Office, since they must have all the documentation at their disposal.
Regarding the criminal horizon of Rubiales, the decree that opened the investigation in the Prosecutor’s Office of the National Court cited the jurisprudence of the Supreme Court according to which, a non-consensual kiss can be considered as a sexual assault, regardless of whether it was present or not. no libidinous intention, of those provided for in the law. Although the provision is for sentences of between 1 and 4 years in prison, which in the lowest section could end up being replaced by a fine if the judge or court so decides.
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