Luis Rubiales, Spain’s former football federation president was found guilty of sexual assault for kissing footballer Jenni Hermoso forcibly at gunpoint after Spain won the 2023 Women’s World Cup. The National Court sentenced Rubiales to a €10,800 (approximately $11,300) fine, as well as being forbidden from approaching Hermoso within 200 meters and contacting her for a year. The court, however, did not order Rubiales to jail time.

The incident occured when Rubiales kissed Hermoso on the lips without her consent during the Women’s World Cup celebration in Australia. In his ruling, the judge, José Manuel Clemente Fernández-Prieto, emphasized that the kiss was clearly of sexual connotation and far from customary greetings between two individuals who have no personal relationship. “Such kissing of a woman on the lips is not free of sexual undertone, and kissing her thus is not a normal form of greeting with whom one has no emotional relationship,” said the judge.

While Rubiales was convicted of sexual assault, he was acquitted of charges of coercion. Prosecutors had initially sought a harsher sentence, calling for two and a half years behind bars, one year for the sexual assault charge and 18 months for coercion. The judge issued far less severe punishment, though, leaving everyone stunned in light of the public nature of the incident and the ensuing controversy.

The live transmission of the kiss sparked a global backlash, with the majority accusing Rubiales of spreading sexism and toxic masculinity in football. The backlash against the Spanish football chief was swift, prompting him to step down as president of the Royal Spanish Football Federation (RFEF) in September 2023, after a bitter few weeks of mounting pressure both in Spain and globally. His resignation was preceded by the FIFA suspension, and Spanish prosecutors investigated the forced kiss.

Prosecutors in the case believed that the incident resulted in genuine psychological distress to Hermoso, which lasted for months after the World Cup. They contended that Rubiales had also attempted to coerce Hermoso into downplaying the kiss’s importance. Now 34 and a player for Mexican team Tigres, Hermoso provided testimony during the trial that the kiss left her “disrespected.” She described the inappropriate action as never to be permitted in any business or social setting.

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During court appearance, 47-year-old Rubiales defended that Hermoso had consented to the kiss, which happened when she was being handed the World Cup medal. He apologized for what he had done, admitting that he had “made a mistake” in not having taken a more formal approach on the podium, but maintained that no offense had been taken. His evidence was at odds with the belligerent position he had adopted at the start of the scandal when it initially erupted.

In August 2023, Rubiales dismissed the incident as unimportant in an emergency session of the football federation. He rejected calls that he quit, accusing critics of being in a “false feminism” movement. The initial defiance only fueled the scandal of his conduct.

But with mounting pressure from the public, politicians and football authorities alike also chiming in to condemn his behavior, Rubiales had no choice but to step down as president of the Spanish football federation. His stepping down was interpreted as a monumental victory for women’s rights activists and anti-sexual harassment activists in the sport. FIFA’s suspension, as well as the current legal investigation in Spain, effectively took Rubiales out of football leadership.

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Throughout the trial, Hermoso herself remained firm in her witness account that the kiss not only was not welcome but made her feel violated in front of the whole world. She explained that she was not close on a personal level with Rubiales, and what he did was a gross violation of her autonomy and dignity as a professional player.

Despite the ruling, Rubiales’ defense presented a different explanation of the event. He reiterated in court that his motive was celebratory in intent, claiming that the kiss was an act of celebration after Spain’s dramatic victory. He downplayed any coercion or manipulation of the aftermath, claiming that Hermoso’s overreaction was being exaggerated by critics.

The trial also brought to the fore the larger issue of sexism in sport in general, and sport football as a specific case. Rubiales’ behavior, characterized as characteristic of Spanish football’s deeply ingrained “macho culture,” sparked debate regarding whether and how reform should be instituted in the way the sport handled women.

Jenni Hermoso, Spain’s top scorer and one of the most high-profile figures in women’s football, became a figure of resistance against sexual harassment within the sport. Hermoso has not been selected for the Spanish national team since the World Cup incident, raising more questions about her future in the team. New coach Montse Tomé explained that Hermoso’s omission from the team was in her favor, not as a punishment, but her omission has only fueled the controversy over the treatment of women’s football by the authorities.

Despite the verdict of the court, Rubiales continues to affirm his innocence for the reason that the judgment of the legal system was not true. For Hermoso, meanwhile, her victory in court is a necessary milestone on the path forward against sexism in sport and may be the stepping stone towards even more women emerging with identical testimonies of harassment and abuse in the sphere of football as well as in the broader arena of sport.

The case is also a turning point in the representation of women in sports, particularly in countries like Spain, where the football pitch has been the reserve of men for decades. As much socially as legally significant, the Rubiales scandal will likely continue to shape the gender equality debate in sport for decades to come.

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