Spain’s top criminal court on Wednesday upheld the €10,800 penalty imposed on former football federation president Luis Rubiales for kissing Jenni Hermoso without her consent — a ruling that many women’s rights groups say falls short of justice.
The Audiencia Nacional declared it had dismissed both the defense’s challenge and the prosecutors’ appeal, which had aimed to secure jail time for Rubiales following the controversial incident during the 2023 Women’s World Cup in Australia.
After a high-profile and closely watched legal proceeding earlier this year, the court ruled in February that Rubiales was guilty of sexual assault — but acquitted him on the separate charge of coercion, where he was accused of pressuring Hermoso to downplay what happened.
Rubiales has continued to argue that the kiss was a mutual “peck” shared in the excitement of Spain’s World Cup victory celebrations. He insists there was no pressure involved, calling it an affectionate gesture between friends.
State prosecutors, however, had pushed for a custodial sentence of two years and six months — one year for the assault and another 18 months for the alleged coercion.
But on Wednesday, the court confirmed Rubiales, as well as ex-women’s team coach Jorge Vilda and former federation officials Albert Luque and Ruben Rivera, were not guilty of coercion.
A separate attempt by prosecutors to have the case retried — citing concerns about the presiding judge’s neutrality — was also turned down by the court.
The ruling additionally reaffirmed the restraining order against Rubiales, banning him from coming within 200 meters of Hermoso or attempting to contact her in any way for a full year.
The incident sparked worldwide condemnation and triggered Rubiales’s resignation. He was also suspended from all football-related roles for three years, while the Spanish football federation entered a period of chaos and reform.
The case transformed Hermoso — the national team’s record goal scorer — into a symbol of resistance against entrenched sexism in sports and a rallying figure for gender equality.
