The prosecution currently declines to initiate criminal action over the kiss on the president of the Royal Spanish Football Federation, Luis Rubiales. A surprising move came as the national women’s team celebrated their victory in Sydney this Sunday. This comes despite three ongoing complaints from people who felt action should be taken after an alleged incident of sexual assault.
Relating to
One complaint, filed through the civil services department of the state’s Attorney General, came from Miguel Ángel Galán, director of the Coaches Training Center (CENAFE). He requested action against Rubiales before the Supreme Sports Council (CSD). Reports from tax sources within the Prensa Ibérica group to El Periódico de España indicate the other two complaints bear the signatures of two men.
The key point is the type of crime that could be involved appears to be semi-public in nature, and the notice given by the victim is definitive. According to the same sources, there has not yet been a formal complaint in that regard.
While the law allows the Prosecutor to act by balancing legitimate interests in a case, the reality is that prosecutors in such situations typically respond only when victims are minors or when actions are reported ex officio. That remains the criterion for now.
Competition of the National Court
On the other hand, the central body is generally responsible for the resources involved, as detailed in this report. “This is a crime committed abroad by a Spaniard with a Spanish victim, so the case falls within our jurisdiction from the outset,” the sources note.
Tamara Ramos, AFE’s former marketing manager at Rubiales, denounced the humiliation: “Come to put on your knee pads?”
Denis Iglesias
To reach a final decision, authorities will await the complaints forwarded by the Attorney General’s Office. The condition of the victim’s prior complaint remains a determining factor. This is the woman who reportedly received the kiss.
Hermoso did not pursue legal action against the president of his own federation in court. Joint statements from Rubiales and FUTPRO outline possible measures sports authorities aim to adopt.
Legal experts consulted by this publication agree that if the victim believes a crime occurred, a criminal complaint should be filed for acts that infringe sexual freedom without consent. Although Rubiales publicly downplayed the incident, many believe pursuing legal channels is a possibility, depending on public statements and the actions of his entourage.
The issue can be framed under Article 178 of the Criminal Code, which covers sexual assault with imprisonment ranging from one to four years when someone violates another person’s sexual autonomy without consent. The statute of limitations is five years.
The critical element is proving the absence of consent. Experts agree that, without a complaint from the aggrieved party, the case has limited chances of progress. Prosecutors acting alone may place additional pressure on the victim, who would need to pursue proceedings if they choose to do so.
Sexual violence, according to lawyers
This Thursday, the Madrid Bar Association Equality Section emphasized the mandatory regulations that address violence and harassment in the workplace, echoing frameworks like ILO Convention 190. The document stresses that violence or harassment in work or travel contexts should be recognized as a possible reality.
Moreover, the Protocol on Action Against Sexual Violence should not be forgotten. The Spanish football federation itself has stated that behaviors such as forced kissing are considered sexual violence, involving coercion or inappropriate body contact.
Madrid lawyers argue that harassment protocols cannot sit on a shelf as mere documents. They must be verifiable, aligned with necessary protections, and capable of acting when violations occur. The College issued a statement underscoring the need to ensure these measures are properly implemented.