An Analysis of the Spanish High Court Ruling in the Rubiales Case
On February 20, 2025, the Audiencia Nacional issued Ruling n.º 3/2025, convicting former Real Federación Española de Fútbol (Royal Spanish Football Federation or “RFEF”) President Luis Manuel Rubiales Béjar as the perpetrator of a sexual assault offense[1], imposing 18 months of a fine with a daily quota of 20 euros, a restraining order prohibiting him from approaching Spanish national team footballer Jennifer Hermoso for 1 year, as well as compensation of 3,000 euros to Jennifer Hermoso for moral damages. In contrast, Mr Rubiales was acquitted of the coercion charges which were also brought against him by the public prosecutor.
Judge José Manuel Fernández Prieto González, who played a prominent role in the oral trial sessions and attracted significant public attention due to his assertive and at times overbearing involvement, presided over the proceedings analyzing the events of August 2023. These events revolved around Luis Rubiales kissing Jennifer Hermoso on the lips during the award ceremony following the Women’s World Cup final in Sydney, where the player delivered a standout performance.
Nine oral trial sessions[2] were held before the National Court, where, in addition to the complainant and the four accused, multiple witnesses testified, including players from the World Cup-winning team and employees of the RFEF. Even Luis de la Fuente, the current men’s national team coach, testified, and the judge had to admonish him for refusing to answer a question from the Public Prosecutor, in one of the many remarkable incidents during the trial.[3]
This ruling represents a milestone in the interpretation of the limits of consent in sexual assault offences in the sports sector.
This article analyses the case and its impact on officials in sport. It examines:
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- Tags: Court of Arbitration for Sport (CAS) | Criminal Law | Dispute Resolution | FIFA | Football | Regulation | Spain
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Written by
Javier Paredes Arango
Javier is a Senior Associate at Uno | One Legal. He combines his experience as a lawyer with his life as an elite professional athlete, from which he retired in September 2017 after more than fifteen years as a professional footballer with different First and Second Division clubs.
Javier is now focused on providing the best service to his clients, and he does it with the same determination he had on the pitch. He is also the vice president of the Sports Law Association of Aragon (Spain).
In addition to his Law Degree, Javier holds a Diploma in Specialisation in Banking and Investment Law from UNED and an MBA in Sports Entities Management.
