2023-09-15 11:30:23
Judge Francisco de Jorge has banned the already resigned president of the Royal Spanish Football Federation Luis Rubiales approach to a radius of 200 meters of the player Jenni Hermoso and communicate with her by any means during the investigation of the case against him for alleged crimes of sexual assault and coercion.
However, it has refused to impose the obligation to appear every fifteen days in the nearest court or police station as requested by the Prosecutor’s Office, as well as the request from the player’s lawyer, who exercises the private accusation, of preventively seize assets of the defendant. The restraining order is different from the one requested by the Prosecutor’s Office, which was 500 meters.
This Friday’s statement before the head of the Central Court of Instruction number 1 lasted for approximately an hour in which, according to tax sources, Rubiales responded to both the judge and the rest of the parties and has denied coercion and lack of consent in the kiss he gave to the Spanish soccer team player on August 20, at the World Cup trophy presentation in Sydney.
The former director arrived after eleven in the morning this Friday at the National Court, where the judge Francisco de Jorge He has questioned him as an investigator.
Rubiales, assisted by the lawyer Olga Tubau –who has already defended public figures such as former Mossos d’Escuadra Major Josep Lluís Trapero, investigated by the 1-O police operation– has not made a statement some upon his arrival at the judicial body where he had been summoned at twelve noon, limiting himself to greeting the official at the entrance. An hour later he also did not approach the numerous microphones of the almost hundred informants who were waiting for him at the doors of the National Court, and he got into a taxi with his lawyer. The judicial summons has created great media expectation, Therefore, dozens of journalists were waiting for him from early in the morning in the vicinity of the judicial body.
Beautiful Defender
The only one to appear before the media at the end of the judicial procedure has been Carla Vall, defender of Jenni Hermoso, which has indicated that the current procedural moment is “very incipient” and that, like the Prosecutor’s Office, they have requested the imposition of precautionary measures on the former president of the Federation. The lawyer, who has handled media cases of harassment such as that suffered by illustrator Paula Bonet, added that the player “is affected both for the facts and for the humiliating act that he experienced in the stadium and that has also tarnished a sporting milestone.” Therefore, from this side, they request “that the treatment be adequate to emotionally sustain this process as well.”
The keys to the criminal procedure opened against Rubiales will be analyzed whether there was consent and whether there was any type of sexual intention by the manager when planting a pico before television cameras around the world to the world champion.
Rubiales’s summons came after, last Monday, the head of the Central Court of Instruction number 1 admitted the complaint filed by the Prosecutor’s Office for processing.
De Jorge takes a statement from Rubiales after having access to the results of the first proceedings in this procedure, including the referral by RTVE, El País, La Vanguardia and the diary As different videos that capture the moment of kiss the player “from all angles”, as well as the subsequent celebrations. The interrogation will focus on the content of these images, as well as in expressed by Hermoso before the Prosecutor’s Office in his statement last week.
Pressure in your environment
In his resolution, the judge stopped at what the Prosecutor’s Office stated in its writing. on the crime of coercion. According to the Public Ministry, during Hermoso’s statement, Hermoso said that both she and her family and people closest to her suffered. constant and repeated pressure from Luis Rubiales and his professional environment, to justify and approve the facts, what the Public Ministry considers can be considered harassment punishable by up to three years in prison. The complaint added that this pressure occurred “against the development of life in peace, tranquility and freely” from the player.
Thus, the specific facts for which Rubiales will be questioned are the kiss he gave to Hermoso “while holding his head with both hands (…) without her consent,” according to the Prosecutor’s complaint, in addition to “the constant and repeated pressure” that both the player and her closest environment – family and friends – suffered at the hands of the president of the Federation “with the aim of publicly justifying and approving the act committed against her will.”
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For the moment, both before the Assembly held at the Federation headquarters on August 25 and in subsequent public interventions, Rubiales has denied that his action would develop without consent of the player, as well as any lubricious mood when comparing Hermoso’s kiss on the mouth with the one he could give to one of his daughters
On the other hand, in the legal basis of his resolution the magistrate already indicated that the complaint filed by the Deputy Prosecutor, Marta Durántez tells actions that could constitute a crime and pointed out that the matter is within the jurisdiction of the National Court since they are events that occurred outside the national territory and that involve Spaniards.
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