Analysis: Spain’s courts have failed to make an example of the Luis Rubiales Case

  /  autty

Almost 18 months years after kissing Jenni Hermoso without her consent, as Spain celebrated winning the 2023 Women’s World Cup, Spain’s courts have found ex-RFEF President Luis Rubiales to be guilty of sexual assault. He will be fined twenty euros per day for the next 18 months, and has received a ban of approaching the player of a radius of 200m. A disappointing end to the saga, which has provoked outrage in the country.

Playing football as a woman in Spain is difficult, even in the 21st century. While the country is known for its beautiful beaches and party atmosphere, women are having a hard time in sports. Key stars complained under the guidance of previous Spain National Team coach Jorge Vilda of using outdated, harmful training methods. One year before the 2023 World Cup win, several players sent a complaint to the RFEF about Vilda, claiming they worked in a ‘stressful environment’ which provoked anxiety. He was also said to be controlling, as Vilda would try to restrict players from visiting their families. Vilda was one of the key figures who applauded Luis Rubiales in his defence pitch after the infamous kiss.

Like Rubiales, he was soon fired. However, one cannot claim this is enough. Vilda was appointed Morocco’s head coach only one month later after being dismissed by the RFEF, demonstrating that his actions had no repercussions. He was one of Rubiales’ right-hand in the RFEF. Despite winning various trophies with the team, Vilda was described as an amateur coach by players and experts. He relied on players knowing each other, thus decreasing his workload. Vilda was also accused of rushing players back from injury, therefore increasing the risks of relapses.

The consequences for Vilda are limited beyond the damage to his own reputation. Like Rubiales, he allegedly tried to pressure Hermoso into signing an open letter in which she would take back the attacks against Rubiales following the kiss. During the court hearings, Rubiales denied having kissed Hermoso without her consent. Although it has been established since the beginning that this was a lie, there was no additional punishment for lying in front of the judges. Rubiales was sacked, he became a villain in Spanish and foreign media, but remains a free man.

It is frustrating for women in Spain and across the world to see the lack of serious sentences in such cases. One of the defences of Rubiales was that he and Hermoso had ‘a good relationship’, which was denied by Hermoso. She saw the media trying to protect the RFEF boss by claiming that she and her teammates were seen laughing in the bus after the events. The consequences are serious for Hermoso and her family: she told the courts they had to move away from Madrid because everyone recognizes her. The striker was forced onto the public scene, without ever consent for that either.

At the beginning of the proceedings, most believed the sentence would be tough for Rubiales, as Spain’s World Cup win became synonymous with his kiss, instead of the hard work and success of the talented Spanish team. It took sexual assault for the RFEF to react, after more than a year of feud between the two parties. Even after the infamous kiss, the RFEF was slow to react. Vilda was only fired two weeks after the events, despite most players vowing to not represent Spain if he were to stay. Instead of backing the player, Spanish media portrayed the 15 ‘rebels’ as entitled thugs, who only sought to destroy the lives of men.

Here we are, after two weeks of court hearings. Rubiales is a free man, he will only have to pay the equivalent of a lunch meal per day (20 euros), despite being found guilty of sexual assault. It is with no surprise to see feminist MEP Irene Montero calling the sentence ‘light’. Despite the socialist party leading the country for the past years, who have made equality a priority, Spain has failed Hermoso, women and its people. Other roaming sexual abusers will have understood that they can get away with forced kisses. This especially applies to corporate jobs, where victims are not platformed like football players. How would the case have advanced if the cameras were not pointed at World Cup winners? Spain’s judicial system needs reform to protect victims better.

Related: Bayer Leverkusen Hermoso
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