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By Gerard Couzens Published: 03: 44 AEDT, 9 October 2024 | Updated: 03: 51 AEDT, 9 October 2024 8 View comments A model accused of making a false rape claim against AC Milan defender Theo Hernandez will go on trial later this month at a Costa del Sol court, it was confirmed on Tuesday. Public prosecutors have said in a pre-trial indictment they want Luisa Kremleva to receive a two-year prison sentence and a £12, 000 fine if convicted. Kremleva, thought to have dual Russian-Spanish nationality, told police she had been raped in a Porsche Cayenne outside glitzy Marbella nightclub Olivia Valere. She also claimed French international Hernandez, who signed for his Serie A team from Real Madrid following a loan spell at Real Sociedad, had caused her knee injuries by pushing her out of the vehicle onto the ground after forcing himself on her. Prosecutors stepped in when a court archived Kremleva's rape claim after police obtained CCTV footage showing the model, who made a name for herself in Spain on reality TV shows, suffered her knee injuries in a fall outside the nightclub. Model Luisa Kremleva (left) is accused of making a false rape claim against AC Milan defender Theo Hernandez (right) and will go on trial later this month at a Costa del Sol court Hernandez and his AC Milan team-mates celebrate after scoring in a recent Serie A clash Kremleva (pictured) previously accused Hernandez of rape before a judge ruled there was no evidence a crime had been committed A judge ruled there was no evidence a crime had been committed. Hernandez's accuser ended up being arrested after failed attempts to hand her a court summons. Prosecutors alleged in their indictment Kremleva had acted 'maliciously' in accusing Hernandez of raping her after he snubbed her attempts to get him to go home with her after 'consensual' sex in the car. Her mum Mila went on Spanish TV after news of her January 13 2020 detention broke to claim: 'My daughter is not under arrest. She went to pick up a court notification. With time the truth is going to come out. ' The model subsequently wrote on social media: 'I have not been arrested. I have not been convicted of any crime. The truth will come out. ' It was not immediately clear on Tuesday why the case has taken so long to come to trial. Court sources confirmed Kremleva's one-day trial has been scheduled for October 28 at a court in Malaga. The defendant will have to appear in court. It is not known whether Hernandez will have to turn up in person or will be able to give evidence via video link. Court sources confirmed Kremleva's one-day trial has been scheduled for October 28 at a court in Malaga Hernandez, who was never arrested, admitted to sex with the model but said it was consensual In a newspaper interview after the June 2017 'rape' investigators subsequently dismissed, Kremleva claimed: 'I have proof of the attack which are on my backside and my knees. 'I would love it if Theo apologised. It's the least I deserve. ' Hernandez, who was never arrested, admitted to sex but said it was consensual. The footballer caused a penalty, missed one and was given a red card after the final whistle during a horror night for his team on Sunday against Fiorentina. Away side AC Milan lost 2-1. Published by Associated Newspapers Ltd Part of the Daily Mail, The Mail on Sunday & Metro Media Group