Luis Rubiales could face a prison sentence of two and a half years if convicted of kissing Jenni Hermoso on the lips against her will, court documents have shown. The former Spanish football federation chief has been charged with one count of sexual assault and one of coercion in the aftermath of the kiss, offences carrying jail terms of one year and 18 months respectively.

The 46-year-old grabbed ­Hermoso and kissed her on the lips on 20 August during the awards ceremony after Spain beat England in the Women’s World Cup final in Sydney, sparking global outrage and ­causing a national debate in Spain about ­sexism. ­Hermoso and her teammates said the kiss was unwanted and demeaning, but Rubiales argued it was consensual and denied any wrongdoing.

  • feedum_sneedson@lemmy.world
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    8 months ago

    I don’t know about that. Seems grossly disproportionate, some sort of professional disciplinary action would be more appropriate. Perhaps a fine he’d notice paying. It doesn’t seem like a sexual thing, just an excitement thing, I really don’t know whether you can pin in on sexism. Like, would I kiss a guy out of joy? Potentially yes, in this context, if I knew them well. Was it stupid? Also yes. If he squeezed her arse at the same time, I feel that would then be assault. But maybe not if you were to squeeze a guy’s arse in the same context? Also, if they were Italian I wonder if we’d be having this discussion.

    • Akasazh@feddit.nl
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      8 months ago

      It’s not the physical moves at all in this judgement. He threatened her to say it was consensual afterward, that is the most damning thing about this incident.

      And then he wanted to remain in charge even after the team said they wouldn’t play with him there. The last thing is not a crime, however it does show how power hungry and short sighted the guy is.

      Had he just made an apology instead of a threat this whole thing would be very different.

        • Akasazh@feddit.nl
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          8 months ago

          Assault itself is illegal, then pressuring someone to cover it up is more so. Has he handeled it better he might have kept his job. But he chose to be an unsufferable twat about it and they threw the book at him.

          If you run a red light and get caught you might get off with a warning, if you’re polite about it. If curse at the cop and then try to bribe him, you’re probably going to jail.

    • chemical_cutthroat@lemmy.world
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      8 months ago

      So, it’s Ok for a man to kiss a woman without consent as long as they are celebrating something? I just want to make sure I’ve got your permission to start snogging marathon runners. Or should I go to an Italian marathon, since nationality seems to play a role in consent in your mind.

        • livus@kbin.social
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          8 months ago

          Headline is a bit clickbaity, 30 months is the maximum penalty for sexual assault plus the max penalty for coercion, if he got both maximums and had to serve consecutively not concurrently.

          There will likely be sentencing guidelines though.

        • chemical_cutthroat@lemmy.world
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          8 months ago

          Well, then, by all means, put a figure on it. Remember, justice should be blind, so “disciplinary action” doesn’t really cut it on the civil side of things. What is a valid punishment for nonconsensual sexual contact in a court of law? What should any member of society receive if they were to do this?

          • JoBo@feddit.uk
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            8 months ago

            If a boss forced an unwanted kiss (and bear hug lift) on an employee, and then insisted that it was consensual and that the employee was lying when they said it was not, tried to coerce them into saying they were lying, had other senior people declare that they were lying, and used the company website to declare that they were lying, after a years-long dispute with this and dozens of other employees complaining of sexism and creepy behaviour endorsed by this boss…

            I’m not a fan of carceral solutions but I’d certainly like to see a lifetime ban on working in that industry, a lifetime ban on holding any position of authority over others without supervision, and massive monetary compensation to every complainant.

            And if the criminal justice system in its current carceral context magically became laser-focused on rich people abusing their power instead of poor people trying to survive, that would be an excellent start, no?

            • chemical_cutthroat@lemmy.world
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              8 months ago

              Whew. You sure you want to argue that child molester punishments should set the bar on sexual assault criminal punishment? Cause I’d be OK with stringing up pedophiles by their ball sacks and letting fire ants eat them from the asshole out. But I digress.

              What you are saying is that if you were out at a bar, and someone, anyone really, but lets say for the sake of argument it’s Harvey Weinstein, came up and kissed your partner on the mouth without their consent, a month is fine? What if he kissed your daughter? Just grabbed either of them by the ears and planted a slobbery mouthful of sexual assault on them. A month is good? He could walk free? How do you think your partner would feel? How about your daughter? What if it was televised? What if it became their life for the next year in a very public court case? A month? Just let me know when you are out and about with someone you care about. I’ve got a few weeks of vacation saved up, I can take the hit and spend some time in the clink.

              • SlopppyEngineer@lemmy.world
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                8 months ago

                So you’re saying if a female coworker that had a bit too much to drink at the office new year party gives me an uninvited hug and kiss, I can sure her and she gets 30 months in jail?

                • JoBo@feddit.uk
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                  8 months ago

                  It depends.

                  1. Is she the leader of a powerful group of cronies in the office that had been the subject of complaints about inappropriate sexist and creepy behaviour for many years, with all complaints dismissed because the offenders held all the power?

                  2. When you complained about it, did she insist that it was consensual and that you were lying when you said it was not?

                  3. Did she use the company website to publish statements calling you a liar, including threats to prosecute you for lying?

                • bushparty@sh.itjust.works
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                  8 months ago

                  Yes. As the law states. If a woman or a man did this they would be able to be sued for up to the maximum sentence if found guilty of the crime. Why is this hard?

                • chemical_cutthroat@lemmy.world
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                  8 months ago

                  Hmmm. Well, that does change things, doesn’t it. I hadn’t thought about it from the opposite perspective, or even dreamed about the ramifications of what could happen if mind altering substances were in the mix. Fuck. Now I really have to think about it.

                  Yep. 30 months. Keep your shit together or face the consequences. If you can’t be trusted to not get handsy when you are on the sauce, then it is your responsibility to stay away from the gutrot, not society’s responsibility to condone your actions.

      • Mr_Blott@lemmy.world
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        8 months ago

        What he’s saying is that if it was a mistake, a moment of excitement, it’s forgivable if she wants it to be.

        I think they’re also suggesting is that the “professionally outraged” people on the internet, such as yourself, were more offended by this than she was

        • VaultBoyNewVegas@lemmy.world
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          8 months ago

          Yeah, she really wasn’t bothered when she had the Spanish football authorities and her coach in her words “harassing” her to drop it. I’m sure she was just fine with it.

        • chemical_cutthroat@lemmy.world
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          8 months ago

          You should be a lawyer. That’s a hell of an argument. I bet if you read a statement by her about the issue, or researched the court case at all, all of the things you just said would stand up.

          No, wait, they wouldn’t.

    • Passerby6497@lemmy.world
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      8 months ago

      30 months is disproportionate for sexually harassing/assaulting an employee? Get the fuck out of here with that shit.

      And yes, that’s what that was. An unsolicited kiss is absolutely sexual harassment and/or assault. Doubly so from a person I’m a position of authority.

    • bushparty@sh.itjust.works
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      8 months ago

      Wow. You’ve been working out your mental gymnastics muscles a lot lately, I bet! This is an impressive lack of logic. Congratulations, you didn’t contribute anything and are excusing sexism and sexual assault. You sound fun.