The National Court Prosecutor’s Office notes concerning these events that Luis Rubiales, the suspended president of the Royal Spanish Football Federation, kissed national team player Jennifer Hermoso on the lips after the victory in Australia. According to witness statements, the kiss was not permitted. As a result, an investigation was launched and Hermoso was offered the option to file a formal complaint within 15 days, along with potential implications for shares related to the situation.
The decision followed a thorough review, in which six complaints were filed by Miguel Ángel Galán, director of the Coaches Training Center (CENAFE), and five others. Last Friday, the Madrid Prosecutor’s Office sent a letter to the National Court indicating that a possible crime had been observed in the behavior of the dismissed administrator. Although the matter has been forwarded to this body, it possesses the authority to initiate an investigative inquiry if warranted.
Hermoso did not pursue legal action against the federation’s president in court, despite a joint statement from the Spanish Football Federation and FUTPRO demanding strong measures from sports authorities against Rubiales.
However, after Rubiales appeared before the Federation Council and the facts were clarified by him, Hermoso issued a stern statement to the media: “Never.” She said he agreed, but she added that she felt vulnerable and was a victim of an impulsive, sexist act that was unwarranted and lacked consent.
Clear expressions from the player
In light of these public statements, the Prosecutor’s Office considers that the young woman’s sexual act was not consensual and notes that, given the procedural stage and the precise nature of the investigation, the legal significance of her statements must be established.
Consequently, a lawsuit is being pursued for the alleged crime, as the events align with the Penal Code, particularly Article 178, which prescribes imprisonment for acts that violate another person’s sexual freedom without consent. The statute of limitations for this offense is five years. The case may involve sexual assault charges, and the authorities are examining the circumstances to determine appropriate accountability.
The semi-public nature of this offense and its potential automatic disclosure have been part of the investigation. In principle, the victim’s filing of a complaint is required, though the Prosecutor can act ex officio in certain legitimate cases. In practice, prosecutors typically proceed when minors or persons with disabilities are involved. Regarding jurisdiction, the National Court handles cases where a crime is potentially committed abroad by a Spanish national, and the victim is a resident in Spain.
Complaints about indecent exhibition in front of a minor
One of the investigations under review concerns the alleged presence of obscene exhibitionism in front of a minor, referring to the moment when Rubiales touched the player in the groin area in the presence of Infanta Sofia after the meeting. The Public Ministry did not address these facts in the decree signed by the deputy prosecutor responsible for the investigations. Documentation was provided by the State Attorney General’s General Technical Secretariat along with six complaints submitted in an internal memo.
The decree outlines the facts of the complaint, which describe kissing the player’s mouth while holding the player’s head with both hands, an act that could constitute sexual assault under applicable law.
Investigations are ongoing before the judge, proceeding to the trial stage only after evidence is gathered and there has been no prior court ruling on what occurred. The prosecutor’s decree lists actions such as locating Hermoso to facilitate the process of presenting a complaint as a victim and ensuring a straightforward, accessible path for reporting alleged sexual assault offenses. [Citation: Fiscalía, Final Decree and Internal Memo, 2024]