Spanish prosecutors have announced they are seeking a two-and-a-half year prison sentence for the country’s former FA chief Luis Rubiales over the infamous ‘Kissgate’ scandal.
They said on Wednesday they are also seeking for him to pay compensation of €100,000 to footballer Jenni Hermoso if he is convicted at trial.
They laid out their pre-trial demands in a six-page indictment made public on Wednesday.
They said they were seeking a one-year jail term for a sexual assault charge and a separate one-year six-month prison sentence for coercion linked to his alleged attempts to get Jenni to speak out in his defence over the ‘unwanted’ kiss he gave the Women’s World Cup winner last summer.
Madrid-based judge Francisco de Jorge paved the way for Rubiales to be tried earlier this year after recommending he be put in the dock.
He said his long-running probe had uncovered “solid evidence” pointing to the potential illegality of the kiss.
Mr de Jorge, who has already quizzed the former football boss and his alleged victim separately in closed sessions at Spain’s centralised Audiencia Nacional court, said in a five-page ruling made public in January: “The investigation has revealed the existence of solid evidence the kiss Luis Manuel Rubiales Bejar gave the player Jennifer Hermoso was not consensual and was a unilateral and surprise initiative on his part.
“Whether there was no any erotic intention or it was a result of the state of euphoria and excitement experienced as a consequence of the extraordinary sporting triumph preceding it is something that should be valued in a public trial.”
He said he had concluded Hermoso had been left “bewildered and surprised” by the “unexpected” kiss and “didn’t have time to react” after Rubiales grabbed her by the head with both hands and locked lips with her at the awards ceremony in front of millions of TV viewers watching live last August.
He also proposed former Spain’s World Cup women’s team manager Jorge Vilda, men’s team director Albert Luque and former Spanish FA marketing director Ruben Rivera should face trial.
Mr de Jorge said in his written ruling he believed there was enough evidence to proceed with a formal accusation against all three men for their “concerted action”, agreed with Rubiales, to try to “break Jennifer Hermoso’s will and get her to agree to record a video saying the kiss had been consensual” as the controversy surrounding the former Spanish FA chief’s action exploded.
He accused Rubiales of pressuring Jenni to publicly support him on the plane back from Sydney in Australia where the Spain team won last August’s final against the England women's team before asking Vilda to speak to her brother and try to convince her to record a video saying the kiss was consensual.
He went on to detail how his investigation had discovered evidence pointing to Vilda subsequently telling the footballer’s sibling her failure to assist with the video would have “negative consequences” for her.
Mr de Jorge also outlined how Ruben Rivera asked Jenni again to participate in a video “exonerating” Rubiales when they got back to Spain as part of repeated attempts to get her to speak out about the kiss in a way that was beneficial to the divorced father-of-three.
And he accused Albert Luque of turning up unannounced at a hotel Jennifer was in to convince her to participate in the video despite her rejecting Rivera’s requests to talk to him about backing Rubiales publicly.
He concluded in his ruling: “The pressure the player was submitted to created in Jennifer Hermoso a situation of anxiety and intense stress.
Public prosecutors said yesterday they were seeking prison sentences of one year and six months for Vilda, Luque and Rivera if convicted of coercion.
Hermoso, 33, who plays her club football now for Mexican side Tigres, sparked the Audiencia Nacional investigation by filing a complaint against 46-year-old Rubiales last September.
She accused him of kissing her without consent after the Women's World Cup final finished and described it as a sexist act which left her feeling vulnerable.
Rubiales has insisted it was consensual and described it as a peck.
Mr de Jorge banned him from going within 200 metres of Hermoso or making any contact with her as part of a restraining order after questioning him in court a week after the player lodged her complaint.
The entire investigation so far including the court quizzes have taken place behind-closed-doors as is normal in Spain where only trials are held in public.
Defiant Rubiales promised to “defend his innocence” after announcing on September 10 last year he was quitting as Spanish FA president following the ‘Kissgate’ scandal.
He tweeted as his decision to resign was made public: “I will defend my honourability. I will defend my innocence.
“I have faith in the future. I have faith in the truth. Thanks to everybody.”
He finished his tweet by posting a photo of the Spanish flag.
Rubiales, who had apologised for grabbing his crotch during the post-final World Cup celebrations in front of Spain’s Queen Letizia and her 16-year-old daughter, had said in a lengthy statement before announcing his decision to quit: “The spontaneity and happiness of the historic moment led us to carry out a mutual and consensual act, a product of great enthusiasm.
“At no time was there any aggression, indeed, there was not even the slightest discomfort, but an overflowing joy in both of us.”
Rubiales’ 72-year-old mum Angeles Bejar went on hunger strike at a church in her son’s hometown of Motril near Granada for two days after being rushed to hospital 48 hours into her protest.
She said at the time she had launched it to get Jenni to “tell the truth” about the kiss.
Speaking from the inside of the church before falling ill, she said: “I just want the truth to be told.
“She knows my son is very honest. If she tells the truth everything will be fixed.”
Referring to the World Cup kiss that led to the so-called ‘Kissgate’ scandal, she added: “It was an anecdote, as she herself said, and look how far it’s gone.
“She should have a conscience and act according to it.
“My son is very worried and has asked me not to continue, to stop, but I will be here until I drop and my body can continue.”
Rubiales is at the centre of a separate corruption probe over to a multi-million euro deal to relocate the Spanish Super Cup to Saudi Arabia.
An apartment belonging to the former Spanish FA chief was searched earlier this month.
He is currently in the Dominican Republic but has promised to return to Spain shortly.
