Rubiales’ lawyer asks for acquittal: “Sin cannot be confused with the crime”

Turn for Luis Rubiales’ lawyer, Olga Tubau, in the phase of conclusions of the oral trial on this day. The lawyer has requested the acquittal of the Royal Spanish Football Federation (RFEF) starting that “sin and crime cannot be confused, socially and morally reproachable with the criminally condemnable” and it is evident that his defendant “put The leg », but in his opinion he has not been accredited or that Jennifer Hermoso did not consent to the kiss he gave him in the final of the Sidney World Cup, nor that that act can constitute a crime of sexual aggression because it does not contain libidinous mood.

«Was it inappropriate behavior? Yes. Criminal? No. The moral judgment does not always entail an equivalent in the special part of the Criminal Code, ”said the penalist, who over almost two hours of exposure has focused on one by one by one the thesis of the Prosecutor’s Office and the accusation Particular both on the kiss and on the crime of coercion, in which he understands that the facts do not conform to the criminal type, so predicts to condemn, the sentence would end up married and annulled in the supreme for violation of law.

From the kiss itself, what Rubiales’ defense raises is that according to the supreme doctrine (the remissions to sentences have been a constant, also to refute that those quoted by the accusation are applicable to the case), «the kisses even in the Lips do not unequivocally have a sexual character “, so that” it will have to be to the concurrent circumstances to assess their connotation “because” it can be caused by a mere sign of affection, “that is,” the fact of kissing is equivocal. ”

From there, it articulates that although the crime of sexual aggression does not require that a mood of satisfying drives by the aggressor will be accredited, when the behavior is “ambiguous” if that must be taken into account, like all the elements of the context. «It’s as if from my window I see a man who has a child in his arms and kisses him on his mouth and calls the police and I say that I have witnessed sexual assault. If that man is the father, if there is proof that proves that in this family environment it is a behavior that is carried out, if it has just been announced that this child will have a little sister and we are in a moment of effusivity, does anyone believe anyone What will they accuse him of sexual aggression? ”He raised as analogy.

To settle: «Well, that is what the Supreme says, that when we are in those ambiguous areas, of course you have to find out the libidinous spirit. That mood does not concur and this must lead him to issue an acquittal, ”he has finished off.

The testimony of beautiful “would not be reliable”

As for that “context,” he has reviewed the different testimony and the statement of beautiful to conclude that neither she nor the players, nor her own brother perceived Rubiales’ behavior as a sexual assault. «And of course Jennifer was shattered by this. It is that instead of talking about the fact that they had been world champions, they talk about the kiss and unfortunately for her, she is the protagonist of that and is terrible. But that consequence that is obviously direct from the kiss and is not loved or sought by Rubiales, It does not imply at all that we are facing sexual assault.

In this sense, the footballer’s statement has put quarantine because he understands that “in view of the rest of the tests, it would not be reliable” and stressed that the doctrine imposes “from the principle of distrust” before the story of whom He says a victim of a crime. He has linked it with the allegation of the Lieutenant Prosecutor of the National Court Marta Durántez on the revictimization in the criminal process, to answer that “if there is a space that the ‘I do believe you’ is not to take you ‘is that of the courts, where punishments, penalties must be part of believed crimes but demonstrated.

For the defense, which interprets the attempts of the accusation of discrediting its expert in lip reading such as the finding that it is a key evidence of discharge, there are different elements that do not fit in the story of those who have been the victim of a crime of a crime of sexual aggression, as if he said goodbye to the medallero giving Palmaditas to Rubiales “prolonging physical contact”; that in the costume he answered with a “well” to the question of “and what you have said” or that his brother declared that he had not seen her “uncomfortable” at all; That she herself, on the radio, made “joke” with the issue or that he was applauding with the others to the president at the airport.

“Do not applaud a sexual aggressor”

«That a victim of sexual aggression jokes what has been the constitutive behavior of sex This “, has raised before the room, as well as” does not applaud a sexual aggressor “or that” if it is a sexual assault, it is not enough for the aggressor to apologize to lower the tension “, in relation to what he said A beautiful friend as a witness that Rubiales apologies would have stopped everything.

As for that he said that the kiss did not like and even gave him “disgust,” the same conclusion of the defense: “That he did not like not invalidation of consent or converts that act into a crime”, because in fact, Tubau holds that it has not been proven that it was not spoiled. He appreciates that his behavior was not “consistent” with receiving a kiss by force and that his testimony is not “reliable” and how There is no video that reveals if there was an answer To something that can be seen to say to Rubiales (or not, the reading of lips that identify the phrase “I can give you a kiss”), considers that the dilemma is reduced to the word of one against that of the other.

«If you considered that the accusation thesis is reasonable, cinmate that the objections to them are also. And whatever his subjective conviction is constitutionally obliged to doubt and I believe that in this case we are at least in the face of objective uncertainty, ”he told the magistrate.