Demand videos from various media of the kiss to Jenni Hermoso from different angles and of the World Cup celebration
The head of the Central Court of Instruction number 1, Francisco de Jorge, has admitted this Monday the complaint filed by the Prosecutor's Office for the crimes of sexual assault and coercion against the former president of the Royal Spanish Football Federation (RFEF), Luis Rubiales, for the kiss on the mouth that he gave to national team player Jenni Hermoso at the World Cup trophy presentation in Sydney (Australia).
In an order, collected by Europa Press, the judge of the National Court (AN) agrees to the first steps in this procedure, including obtaining from 'RTVE' the video or videos that they have in their files that capture the moment from all angles. in which the defendant kisses the complainant, as well as the minutes immediately before and after the event related to the celebration of the victory of the women's soccer team.
In addition, he requests from the newspaper 'El País' the video of the celebration in the locker room that is posted on the Internet and from the newspaper 'AS' for the moments of the kiss and any others related to the events. For his part, the instructor requests a video from the newspaper 'La Vanguardia' of the celebration on the bus of the Spanish women's soccer team.
The resolution also agrees to forward the Prosecutor's brief to Rubiales as a defendant so that he can learn about the alleged facts and exercise his right of defense with all procedural guarantees.
In the legal basis of the resolution, the magistrate points out that the complaint filed by the lieutenant prosecutor, Marta Durántez, relates actions that could constitute a crime and points out that the matter is within the jurisdiction of the AN since they are events that occurred outside the territory. national and that involve Spaniards.
For this reason, it orders to initiate preliminary proceedings in its court and as first measures it orders the Judicial Police Unit to contact the different media in order to collect the audiovisual material.
For the moment, De Jorge does not comment on the proceedings requested by the Prosecutor's Office, which consisted of taking statements from both Rubiales and Hermoso, and gathering information from the Australian authorities on the classification of crimes against sexual freedom in their regulations. penalties.
This step by the magistrate comes after last Friday the complaint of the Prosecutor's Office of the National Court against Rubiales emerged in which he indicated that the events to be investigated were, on the one hand, "the kiss (that Rubiales gave) on the mouth (of Hermoso ) while holding her head with both hands (...) without her consent"; and on the other hand, "the constant and repeated pressure" that both the player and her closest environment - family and friends - suffered from the president of the Federation and his entourage "with the aim of publicly justifying and approved the act committed against his will."
In fact, Durántez came to warn in his writing that the absolute player suffered "a situation of harassment against the development of his life in peace, tranquility and freely."
THE COMPLAINT OF HERMOSO
It should be remembered that the Public Ministry's complaint was filed after Hermoso appeared on September 5 and formalized his complaint before the Prosecutor's Office - at the headquarters of the State Attorney General's Office -.
Previously, the Prosecutor's Office announced on August 28 that it was opening pre-trial investigation proceedings in relation to the kiss, understanding that it could constitute a crime of sexual assault. Already then, he agreed to address the absolute player to offer to take legal action, something that ended up happening.
The Prosecutor's decision was based on the "public statements" made by the player, from which it could be deduced that the sexual act suffered by her and carried out by Rubiales was not consented to. "Given the extra-procedural moment in which we find ourselves and the unequivocal nature of her statements, it is necessary to determine their legal significance."