Rubiales tells court Hermoso consented to World Cup kiss

Gabriela Pomeroy & Ruth Comerford
BBC News
Watch: Rubiales says he had consent for World Cup kiss

Luis Rubiales has told a court he is "absolutely sure" Spanish footballer Jenni Hermoso gave her consent before he kissed her at the Women's World Cup final in 2023.

The former president of the Royal Spanish Football Federation (RFEF) is on trial accused of sexual assault and attempting to coerce Ms Hermoso into publicly saying the kiss had been consensual.

Giving evidence, Mr Rubiales, 47, said the kiss was an "act of affection", adding that in the moment it was "something completely spontaneous".

The incident occurred during the medal-giving ceremony after Spain's World Cup win in Australia, triggering protests and calls for Mr Rubiales's resignation. He denies any criminal wrongdoing.

Mr Rubiales told Spain's National Court in Madrid on Tuesday that Hermoso had "embraced" him during the ceremony.

"I've known her for many years and I kissed her because she was a champion. This was a tremendous moment for her," he said.

"We were champions, we were thanking each other. She pressed me very hard by the waist and then I asked her whether I could give her a kiss and she said yes."

He added: "I took hold of her so as not to fall back."

Mr Rubiales was questioned over whether he asked Ms Hermoso for a kiss or a "little kiss".

"I can't remember exactly," he replied. "But I think it was a little kiss."

Prosecutor Marta Durantiez repeated: "Did you tell her kiss or kiss on the lips?"

Mr Rubiales responded: "At that moment I did not remember but it is obvious that I said kiss. There are synonyms."

Asked whether he normally kissed people on the lips, Rubiales told the court he felt the occasion and the fact he had known Hermoso for a long time warranted it.

He added he would act similarly with a male player, or one of his daughters during New Year celebrations.

He was also asked if he was aware of the protocol against sexual harassment and sexual violence, to which he replied he was aware of it.

Reuters Jenni Hermoso looks down outside the court. She has long black hair slicked into a high pony tail and wears a double breasted black coat and black turtle neckReuters
Jenni Hermoso testified on days one of Rubiales' trial

A lip reading expert - called to testify by Mr Rubiales's legal team - told the court that, based on video footage he had anaylsed, the former football boss had asked Ms Hermoso "can I give you a kiss?" but that her response was not visible.

The lip reader also acknowledged that he only analysed a video published on TikTok, and was unable to specify who it belonged to.

A second expert, also called by Mr Rubiales's team, claimed the video had not been modified in any way.

According to Spanish media, Ms Hermoso's lawyer asked the lip reader could distinguish between the words "kiss, peck, pretty or little".

"Yes, there would be a difference," he clarified.

In her testimony last week, Ms Hermoso insisted that she had not given Mr Rubiales permission and that the incident had "stained one of the happiest days of my life".

She previously told the court: "My boss was kissing me, and this shouldn't happen in any social or work setting."

The Spain forward added: "A kiss on the lips is only given when I decide so."

Ms Hermoso said she was pulled aside soon after the kiss and asked to consent to a statement minimising the incident, which she refused to do.

Mr Rubiales then asked her to record a video with him on the flight home because he was being accused of assault on social media, she told the court. She said she had received death threats which prompted her to move her family to Mexico, where she now plays.

EPA Luis Rubiales stands between two police guardsEPA

Mr Rubiales conceded he had "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.

He said the media attention the incident has attracted was "ridiculous", adding that Ms Hermoso never reprimanded him over the kiss at any point in the immediate aftermath of the incident.

The incident was witnessed by millions of television viewers and an entire stadium after the Spanish women's team won the 2023 World Cup.

The ensuing uproar gave momentum to a "Me Too"-style movement in the Spanish women's game, in which players sought to combat sexism and achieve parity with their male peers.

Mr Rubiales resigned in September 2023 following weeks of resisting pressure to stand down, and after Fifa suspended him and Spanish prosecutors opened an investigation.

Mr Rubiales has also denied that he sent someone to speak to Ms Hermoso's family in an attempt to get her to agree to make a video with him to assuage the public outcry.

Three of his former colleagues are also on trial accused of colluding in the alleged coercion: Jorge Vilda, coach of the World Cup-winning side, Rubén Rivera, RFEF's former head of marketing, and former sporting director, Albert Luque.

They each face more than a year in prison for allegedly pressuring Ms Hermoso to say that the kiss was consensual. All deny the charges.

Prosecutors are seeking a two-and-half year jail term for Mr Rubiales. The trial, which runs until 19 February, continues.