Prosecutors at Spain’s top criminal court said on Monday they had opened a preliminary investigation into Spanish football chief Luis Rubiales’ kiss on the lips of World Cup player Jenni Hermoso on grounds it could constitute a crime of “sexual assault”.
“Prosecutors from the National Court have opened a preliminary investigation to look into the facts, which could constitute an offence of sexual assault,” a court statement said.
They would also contact Hermoso to offer her a chance to file a lawsuit within 15 days, the statement said.
Spain’s top sports court (TAD) also met online on Monday.
The president of the Spanish football federation (RFEF), provisionally suspended from his post by Fifa on Saturday, could face an extended sanction if the country’s sports court accept complaints against him. The court met on Monday without arriving at a decision.
After Spain won the Women’s World Cup in Sydney on August 20, Rubiales sparked a massive backlash after forcibly kissing Hermoso on the lips during the medal ceremony.
Hermoso later said the unwanted kiss had left her feeling “vulnerable and like the victim of an assault”, with a statement on social media describing it as “an impulsive, macho act, out of place and with no type of consent on my part”.
The National Court said it was opening the investigation in light of the “unequivocal nature” of her statements, saying it was necessary “to determine their legal significance”.
“Given the public statements made by Jennifer Hermoso, the sexual act she was subjected to by (Luis) Rubiales was not consensual,” the court statement said.
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Legal experts would contact the player “to offer her 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”, it said.
“In order to proceed with a case for sexual assault, harassment or sexual abuse, it will be necessary for the injured party or their legal representative to file suit.”
If Hermoso decides not to file a complaint, it will make it “difficult” for prosecutors to press ahead with the case, legal sources said.
So far, the court said it had received six complaints about Rubiales’ kiss, which without consent constitutes a sexual assault under Spain’s recently-updated criminal code.
None were filed by Hermoso.
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The Spanish government has said it will take action against Rubiales if the sports court (TAD) gives them the go-ahead.
“We are still waiting for their outcome,” said Spain’s High Council of Sport president Victor Francos late on Monday.
Some 81 players went on strike from the women’s side in protest after the federation chief refused to quit, while 11 members of RFEF women’s football staff offered to resign – controversial coach Jorge Vilda did not.
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