The defense sows doubts about Jenni Hermoso in search of acquittal

Throughout two hours of intervention, he questioned the behavior of beautiful after the kiss, as his downs smile? »-, The statements made to Cope,-« that a victim of sexual aggression jokes what has been the constitutive behavior of sexual assault is really very coherent »-, the applause in the speech that gave them Rubiales at the airport – “Does not applaud to a sexual aggressor” – or the strangeness that other players saw in it in the first moments. «Look, who has suffered sexual assault is indignant, or furious or dejected. And the validation or confirmation of third parties does not need to reach the conviction that it has been, “he said, to conclude that” in view of the rest of the tests, the player’s testimony would not be reliable “.

The lawyer recovered at this point the allegation of the Lieutenant Prosecutor of the National Court, Marta Durántez, who on Wednesday raised “how long would he have to demand that the victims a heroic behavior” to be recognized as such. “If there is a space to which the ‘I believe you’ is not to take to court, where punishments, penalties, should be detached from believed crimes but demonstrated,” Tubau replied.

I did believe that the player had been badly chemically, as several witnesses referred, but not for the kiss itself, but for the consequences. «Of course, Jennifer Hermos was destroyed by this. It is that instead of talking about the fact that they had been world champions, we talk about the kiss and, unfortunately for her, she is the protagonist of that and is terrible. But this consequence, which is obviously direct from the kiss and is not loved or sought by Rubiales, does not imply at all that we are facing sexual assault, ”he said.

Because, in his opinion, there is no crime in any case. He compared at this point the situation with that of the neighbor who sees a man from his window to kiss a child on his lips and calls the police, who does not stop for sexual crime because he understands that they are father and son, who It is his custom at home and that are that day of celebration. He tried to show that although the crime does not demand that the aggressor seek to satisfy his drives, in the case of a kiss, which according to the doctrine of the Supreme Libidinous encouragement. There was not, in that accusations and defenses coincide, so he believes that he must be acquitted.

«Was it inappropriate behavior? Yes. Criminal? No. The moral judgment does not always entail an equivalent in the special part of the Criminal Code, ”he claimed, to later resume the idea in the final stretch of his speech:” Sin and crime cannot be confused, socially and morally reproachable With the criminally condemnable, ”said the lawyer. His summary of the facts, basically, is that Rubiales “put the leg.”

As for the coercion, same reading. He criticized that the prosecutor had spoken of “omertá” evoking the mafia and that it started from the perspective that Rubiales “was not anywhere but was everywhere.” For the lawyer, the facts collected by the accusation writings are not what the law defines in the crime of coercion. He predicted that if he is condemned for that, the sentence will end up annulled in the Supreme Court for violation of law. It did not extend much in this matter because they will do so on this day the defenses of Jorge Vilda, Rubén Rivera and Albert Luque, accused of that same crime, but he did already point out that “coercion is not to be heavy.”

“It was submission”

«If you consider that the accusation thesis is reasonable, I believe 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 judge to finish off. A reasonable doubt would save Rubiales from the conviction.

And that tried yesterday to avoid Jennifer Hermoso lawyer, Ángel Chavarría; and the lawyer María José López, who represents the AFE, the only popular accusation in the cause because neither Futpro nor RFEF herself appeared. To this López dedicated a part of her final allegation before Judge Juan Manuel Fernández-Prieto interrupted her by traveling “other paths.” «Our personation brings the cause of the helplessness of beautiful by the Federation, an institution then directed by one of the defendants who did not want to protect it before a vertical, manipulative and servilist structure of the president and his closest team, a fact that we condemn ”He said.

Chavarría, on the other hand, defended the credibility of the Beautiful story and the clarity of facts that were seen throughout the world. «Obviously there was no consent of that sexual assault. We are not facing consent, we are facing a submission, ”he said. And he says it because he considers that he was “an attack against sexual freedom” of beautiful, “totally passive”, without reaction capacity. He claimed that Rubiales neither asked him nor could he have asked for that kiss according to the protocol against the sexual harassment of the RFEF, but even if he had requested it, “I was going to consumm it in any case, there was no possibility to escape” for the player . And the “euphoria,” he recalled, “neither is mitigating nor exempted” of the crime. The trial is expected to end today.