Spanish national football player Jennifer Hermoso has publicly condemned Luis Rubiales, according to information reported by ElDiario.es and corroborated by tax sources. The reports indicate that a formal complaint is being prepared for submission to the National Court as soon as possible, with the aim of safeguarding the victim’s privacy and rights during the process.
The request for the complaint came from the prosecutor’s office a few days prior. In the associated decree, the National Court prosecutor indicated that Jennifer Hermoso would be contacted with an offer related to the proceedings, reflecting the careful handling of the case by the authorities.
The deputy prosecutor stated, in language reflecting the public nature of the events, that the sexual act in question was not consented to and that the circumstances described by Hermoso warranted examination of their legal significance. Hermoso herself described feeling vulnerable and the experience as an act of aggression, noting that the specific details provided require careful legal interpretation to determine their impact within the applicable statutes.
RFEF issued an apology to football and society at large for Rubiales’ conduct, signaling a broader conversation about professional standards and accountability in the sport.
The discussion of possible penalties began with the decision to give Rubiales the opportunity to file a complaint himself. This aligns with the framework set out in Article 178 of the Penal Code, which covers acts that infringe on another person’s sexual freedom without consent and carries a potential prison sentence of one to four years. The statute of limitations for this offense is five years. Experts emphasize that demonstrating lack of consent is central to these cases; without a formal complaint from the injured party, advancing through the courts can be challenging.
Criminal proceedings in this matter proceed alongside two additional active cases involving Rubiales, connected to events that occurred in the moments after the World Cup final in Sydney on 20 August. As this legal process unfolds, the broader investigation continues to explore other aspects of the conduct in question.
In related coverage, a photograph shows Rubiales with another figure in the foreground, underscoring the ongoing public interest and scrutiny surrounding the case.
FIFA and TAD
FIFA opened a disciplinary case against Rubiales on 24 August, leading to a 90-day provisional suspension shortly thereafter. The Disciplinary Committee of the organization has since reviewed the matter. Separately, the TAD opened a file in the preceding week on related concerns and, while evaluating the merits, awaits the Government’s guidance on a possible temporary suspension.
The assignment of the case to a National Court judge could influence the administrative process at TAD due to considerations of procedural priority. In any event, reconciliation may be necessary if the same facts underpin both proceedings, given the focus on alleged sexual wrongdoing as Hermoso describes, while the TAD also examines conduct alleged to contravene standards of decorum within the leadership structure of the federation.
From FIFA’s standpoint, lawyers familiar with sports law note that different legal interests may be engaged by criminal and disciplinary processes. Consequently, the potential criminal trajectory of Rubiales’ case does not automatically preclude or compromise the disciplinary actions pursued by FIFA, which remains responsible for upholding the rules and integrity of international football.