The violent kiss that Spanish football boss Luis Rubiales gave to World Cup player Jenni Hermoso on the lips on Monday was the subject of a preliminary inquiry, according to prosecutors at Spain’s top criminal court, who claimed it may have been a “sexual assault” offence.
According to a court statement, “prosecutors from the National Court have opened a preliminary investigation to look into the facts, which may constitute a crime of sexual assault.”
The statement added that they would get in touch with Hermoso and provide her an opportunity to launch a complaint within 15 days.
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On Monday, the TAD, Spain’s top sports court, convened virtually.
If the nation’s sports court accepts accusations against him, the president of the Spanish Football Federation, who was provisionally banned from his position by FIFA on Saturday, might face a lengthier sanction. On Monday, the court convened without making a ruling.
On August 20, the day after Spain won the Women’s World Cup in Sydney, Rubiales provoked a huge uproar when he forcibly kissed Hermoso on the lips during the medal ceremony.
In a statement posted on social media, Hermoso described the unwelcome kiss as “an impulsive, macho act, out of place, and without any type of consent on my part,” adding that it had left her feeling “vulnerable and like the victim of an assault.”
The “unequivocal nature” of her assertions, according to the National Court, prompted the beginning of the investigation and the need “to ascertain their legal significance.”
According to the court document, “the sexual act she was subjected to by (Luis) Rubiales was not consensual given the public statements made by Jennifer Hermoso.”
It stated that legal counsel would get in touch with the player “to present her with the option of legal action, giving her the chance to contact National Court prosecutors within 15 days for information about her rights as a victim of an alleged sexual assault…should she wish to file a complaint.”
“The injured party or their legal representative must file suit in order to proceed with a case for sexual assault, harassment, or abuse.”
It will be “difficult” for prosecutors to move on with the case if Hermoso decides not to submit a complaint, legal sources told AFP.
According to Spain’s recently revised penal law, a kiss without consent is considered a sexual assault, and the court reported that it had already received six complaints about Rubiales’ kiss.
Hermoso didn’t file any of them.
The 46-year-old might be subject to a longer suspension from the Spanish government if the sports court initiates proceedings against Rubiales for “very serious” offences or a “abuse of authority” FIFA had first suspended Rubiales for 90 days.
While 11 members of the RFEF women’s football staff offered to resign—controversial coach Jorge Vilda did not—81 players from the women’s side went on strike in protest after the federation leader declined to step down.