the Prosecutor's Office of Spain's High Court, the Audiencia Nacional, has announced it
is opening a preliminary investigation against Luis Rubiales, the president of the
Spanish Football Federation (RFEF). The investigation stems from allegations of a non-
consensual kiss involving Spain midfielder Jenni Hermoso during post-match
celebrations at the World Cup final in Australia.
The Prosecutor's Office had been deliberating over six distinct formal complaints
submitted by individuals and organisations. However, it had hesitated to proceed with
investigation proceedings due to the absence of a complaint from the alleged victim,
Jenni Hermoso herself. This changed when Hermoso issued a statement confirming her
feelings of vulnerability and victimisation due to what she referred to as an
"aggression." This unexpected development prompted the legal pursuit against
Rubiales, who has consequently been suspended from his presidential position.
In a decisive order the Prosecutor's Office extended an invitation to Hermoso, urging
her to formalise the complaint she articulated publicly the previous week. In that
statement, Hermoso explicitly stated that the kiss had not been consensual. The court
provided her with a 15-day window to establish contact, allowing her to be informed
of her rights as an alleged victim of a potential crime under article 178 of the Spanish
Penal Code. This article encompasses actions that infringe upon an individual's sexual
freedom without their consent and carries a penalty of one to four years of
imprisonment.
At present, the investigation against Rubiales remains at a pre-procedural stage. This
signifies that there isn't an active case against the RFEF president; rather, an initial
examination will occur to assess if there exists adequate evidence to recommend
further legal actions. The Prosecutor's Office has already indicated its understanding
that the reported "sexual act suffered" by Hermoso was not consensual.
The inciting incident, the kiss, had ignited a firestorm of criticism, with numerous
quarters interpreting it as a form of sexual abuse. The incident transpired during the
medal ceremony following the World Cup final in Sydney, Australia. Further scrutiny
was directed at Rubiales after an earlier act in which he gestured by grabbing his
crotch in a triumphant manner while seated in the presidential box next to the Spanish
queen and her teenage princess daughter.
Reacting to the developments, FIFA, the international soccer governing body,
provisionally suspended Rubiales for a duration of 90 days after he defiantly delivered
a speech and refused to resign from his post.