Rubiales' lawyer asks Spanish court for his acquittal over kiss

Rubiales, 47, is accused of sexual assault for kissing Hermoso, 34, in 2023 following Spain's triumph at the women's World Cup in Australia, as well as coercion for allegedly trying to convince the player to downplay the incident after.

The outcry over the kiss forced Rubiales to resign in disgrace and thrust the spotlight on the prevalence of macho culture and sexism in sport.

"We are dealing with an expression of uncontrollable joy. Is this inappropriate behaviour? Yes. Criminal? No," lawyer Ogla Tabau said during her closing arguments in his trial for sexual assault, adding Rubiales has apologised for behaving like "just another player" and not the president of the federation.

Video footage of the incident that rocked Spanish football shows Rubiales clasping Hermoso's head at the World Cup medal ceremony and kissing her on the lips before letting her go with two slaps on the back.

Rubiales told the trial on Tuesday he was "totally sure" Hermoso consented to the kiss which was broadcast live around the world.

"She squeezed me very tightly under my armpits, she lifted me, and when I came down I asked her if I can give you a kiss, and she said 'OK', that's what happened," he said from the dock at the court in San Fernando de Henares near Madrid.

Rubiales conceded he "made a mistake" on the podium and that his behaviour "was not appropriate", saying he should have "been in a more institutional role", but denied any offence had been committed.

Hermoso told the opening day of the trial on February 3 she felt "disrespected" after a non-consensual kiss that "should not happen in any social or work setting".

Her teammates have described under oath how she cried and felt "overwhelmed" following the incident, and was no able to enjoy a team celebration trip to the Spanish island of Ibiza.
Joy and euphoria
But Tabau said video images of Hermoso celebrating and drinking champagne with her teammates in the changing room shortly after the kiss contradict this narrative.

"We see good humour, joy, a certain euphoria," Rubiales' lawyer said, calling it "behaviour that is very inconsistent with the suffering into which the victims of sexual assault immediately experience".

Public prosecutor Marta Durantez Gil rejected this argument on Wednesday during her closing arguments in which she also said there is "no doubt" the kiss was "non-consensual".

"How long are we going to keep demanding heroic behaviour from the victim of a sexual assault? Wasn't she entitled to celebrate such a sporting triumph?" she asked.

Prosecutors are seeking two and a half years in prison for Rubiales, one year for sexual assault and 18 months for coercion of Hermoso.

Among the accused alongside Rubiales are ex-women's national team coach Jorge Vilda and two former federation officials.

They also stand accused of trying to coerce Hermoso with prosecutors seeking 18-month jail terms for them.

Rubiales minimised the importance of the kiss on Hermoso at the time and defied calls for his resignation at an emergency federation meeting in August 2023, railing against "false feminism".

He resigned in September that year after FIFA suspended him and Spanish prosecutors opened an investigation into alleged sexual assault. Rubiales had been federation chief since 2018.

The trial continues on Friday, with the defence's closing arguments and the defendants' final words.