Rubiales’ defence team asks for his acquittal in trial’s closing arguments

Luis Rubiales’ defence team have reiterated in closing arguments that Jenni Hermoso consented to the World Cup kiss by the ex-Spanish federation boss, and said that even if the player had not agreed the act should not be characterised as sexual assault.

Ms Hermoso’s lawyer repeated it was not consensual and she was pressured into downplaying the situation.

More closing arguments are expected on Friday.

Rubiales is on trial for sexual assault for the kiss on Hermoso’s lips in the presentation ceremony at the 2023 Women’s World Cup final.

He and three other former federation officials are also accused of coercion for trying to convince Ms Hermoso to downplay the kiss that sparked outrage in Spain and marred the celebrations of the team’s first World Cup title.

Rubiales’ defence team called for his acquittal on both charges.

“There was no sexual intent by Rubiales,” defence lawyer Olga Tubau said. “After everything that has been shown, he should be acquitted.

“If you consider that the accusation’s hypothesis is reasonable, I believe that the objections to the accusation’s reasoning are also reasonable.

“I think there are objective doubts that need to be taken into consideration.”

Ms Hermoso’s lawyer brought attention to all the evidence that he felt implicated Rubiales.

“There is no margin for reaction. Hermoso never heard him ask for a kiss. She did not agree to it.”

Accusers have said an unsolicited kiss should be considered sexual assault, according to the law, but the defence team used jurisprudence to show the context in which the act happened should be carefully analysed as well.

“It must be determined whether or not there was consent, but it also must be analysed the circumstances of the context of when the kiss happened and of the relationship between Hermoso and Rubiales,” Mr Tubau said.

Rubiales’ defence also stood by the expert testimony of a lip reader who said Rubiales asked for consent by Ms Hermoso.

Prosecutors tried to discredit the testimony based on a lack of proper credentials among other things.

The former president’s lawyers also claimed the requests made to Ms Hermoso to downplay the kiss should not be characterised as coercion as there was no intent to pressure or threaten the player into doing anything she did not want to do.

The other former federation officials accused of coercion were former women’s team coach Jorge Vilda, sports director of the men’s team Albert Luque, and head of marketing Ruben Rivera. They have testified and denied wrongdoing.

Hermoso said during her own testimony last week that she never consented. She said she “felt disrespected” by Rubiales after winning the World Cup.

Rubiales resigned under pressure three weeks after the scandal surfaced and was banned by FIFA for three years. He had said he was the victim of a “witch hunt” by “false feminists.”

Prosecutors have asked for a prison sentence of 2 1/2 years for Rubiales. They want the other three defendants accused of coercion to be sentenced to 1 1/2 years in prison.