Former Spanish Football Chief Luis Rubiales Faces High Court over Sexual Assault Case
Former Spanish football chief Luis Rubiales appeared in the High Court in Madrid on Friday to face questioning by a judge regarding a sexual assault complaint against him. The case stems from an incident where Rubiales allegedly kissed Spanish women’s football player Jenni Hermoso on the lips without her consent during a medal ceremony after Spain’s women’s team won the World Cup in Australia. The incident has sparked a debate about sexism in Spanish sport and society, drawing comparisons to the Me Too movement.
Rubiales, 46, maintains that the kiss was consensual, while Hermoso claims that it was forced upon her. The court hearing took place behind closed doors, with Rubiales arriving in a black suit accompanied by his lawyer Olga Tubau. He did not speak to the media waiting outside.
Despite weeks of resistance, Rubiales resigned as the president of the Royal Spanish Football Federation (RFEF) on September 10. However, he remains unapologetic, asserting that he acted with consent in a moment of celebration and joy. The women players, including the World Cup-winning squad, have declared that they will continue to boycott the national team until changes are made within the federation.
The complaint against Rubiales was filed by state prosecutor Marta Durantez Gil, who alleges that he kissed Hermoso on the mouth without her consent while holding her head with both hands. Durantez Gil also added a possible charge of coercion after Hermoso stated that she and her relatives were pressured by Rubiales and his entourage to approve of what had happened.
The case is being investigated by Judge Francisco de Jorge, who will determine whether there is enough evidence to proceed to trial. Under Spanish law, if the case goes to trial and Rubiales is found guilty, he could face between one and four years imprisonment.
Proving consent will play a crucial role in the proceedings, according to legal expert Gonzalo Jimenez. In cases of sexual assault, only malicious, intentional acts are punishable, so establishing malice or intentionality will be important.
As part of the investigation, Judge De Jorge has requested media outlets, including state broadcaster TVE, to provide footage of the incident and subsequent videos where players can be seen joking about the kiss. The investigation is expected to take several months.
The case will also be a test of Spain’s Solo si es si (Only yes is yes) law, which places consent at the center of sexual relations. Many players, sports bodies, and politicians have shown support for Hermoso using the hashtag #SeAcabó (It’s Over) on social media.
Over 80 of Spain’s top female players, including the 23 world champions, have refused to play for the national team until there are changes in the RFEF management and style. Despite Rubiales’ resignation and the appointment of a new team coach, the players have confirmed that they will continue their boycott.
In a separate blow to Spain’s male-dominated football establishment, three youth players from Real Madrid were recently arrested for allegedly distributing a sexual video involving a minor. The police acted upon a complaint filed by the mother of a 16-year-old, who claimed that the video was taken without her consent.
The sexual assault case against Rubiales raises important questions about sexism and consent in Spanish sport, prompting widespread discussions and demands for change. The outcome of the case will likely have a significant impact on how such incidents are handled in the future.
