The trial of a former Spanish football federation boss began on Monday – but should his case have ever been brought before the courts in the first place?

Luis Rubiales is accused of sexual assault for kissing footballer Jenni Hermoso after Spain’s victory at the Women’s World Cup final in 2023.

A FIFA appeals committee has upheld a three-year ban imposed on former Spanish football federation president Luis Rubiales, © PA Wire/PA Images

In court, Ms Hermoso said the incident had ­"tainted" one of the happiest days of her life.

She said Mr Rubiales had not asked her consent to kiss her.

“I didn’t hear or understand anything,” she said.

“The next thing he did was to grab me by the ears and kiss me on the mouth.”

Ms Hermoso said she had felt "disrespected" by the kiss.

The prosecution is seeking a two-and-a-half-years prison sentence for Mr Rubiales, who has apologised for the action but denied the criminal charges.

On Newstalk Breakfast, editor of Gript Media John McGuirk said that Mr Rubiales “is being made an example of”.

“He’s not being punished, in fact, for his own crime because his own crime is relatively minor,” he said.

“This is in fact, I think, about setting a standard for essentially the potential crimes of other men and indeed, the historic crimes of other men who haven’t been prosecuted for much worse than what he did.

“I think there is a little bit of vengeance involved here.”

'Not a particularly decent man'

Mr McGuirk said that Mr Rubiales’ initial refusal to apologise for the incident shows that he is “not a particularly decent man”.

“The question here is whether this amounts to a criminal case,” he said.

“I think that’s the core case; should somebody be brought up before a court on criminal charges of what amounts to a forced kiss?

“Now, I’m not saying there aren’t circumstances where a forced kiss can’t be criminal, of course there are.

“But we’ve all seen this video, the guy is exuberant, he’s in a moment of, you know, his team has just won the World Cup.”

Cultural factors

Mr McGuirk said cultural factors should also be taken into consideration.

“There are lots of people around the world who would have watched sporting events from Latin countries where it is quite often the case that people will grab other people – sometimes two men, sometimes two women – and kiss them in a moment of exuberance,” he said.

“I think the punishment doesn’t fit the crime.”

The mother of Luis Rubiales has gone on hunger strike in protest at his 'inhuman' treatment. Photo: AP via PA

According to Mr McGuirk, Mr Rubiales has been punished enough for his actions already.

“This guy has already, in my view, deservedly been the subject of public humiliation and embarrassment for what he did – that is a punishment in and of itself,” he said.

“He’s lost his job, I think that was probably appropriate; I don’t think you can be the president of a football association and treating your staff like that.”

However, Mr McGuirk said the incident does not “rise to the level of criminal”.

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Main image: Jenni Hermoso kissed by RFEF President Luis Rubiales after the FIFA Womens World Cup 2023 Final, sparking controversy. Image: SPP Sport Press Photo/Alamy Live News