The player on the world champion Spanish women's football team, Jennifer Hermoso, has this Wednesday formalized her complaint against the suspended president of the Real Spanish Football Federation (RFEF), Luis Rubiales, for the forced kiss on the mouth that he gave her during the medal ceremony at the World Cup final. According to eldiario.es, Hermoso appeared at the headquarters of the public prosecution service before the National Audience prosecutor, Marta Durántez. Her statement is essential so that the prosecutors can act against Rubiales in court.
The office of Spain's chief public prosecutor confirmed that Hermoso lodged her complaint this Wednesday. And from the office, they inform that prosecutors at the National Audience, a high-level Spanish criminal court, will now file a complaint against Rubiales for sexual assault. They explain that the statement was taken at the prosecution service office "to protect the privacy of the victim".
Specifically, the prosecution service detailed that, at the end of August, after learning that the kiss by Luis Rubiales was not consensual, the office informed the footballer that it was able to take action because Article 191.1 of the Penal Code establishes that "to proceed [with cases] in crimes of sexual assault, harassment or abuse, it will be necessary for a complaint to be made by the aggrieved person or their legal representative or an accusation from the public prosecutor, which will act by weighing up the legitimate interests present". In addition, the competence in the case lies with the National Audience because the events took place abroad.
Thus, the prosecution service issued a decree, offering to take action for Hermoso, who was given 15 days to formalize her complaint, which she did on Tuesday. Once the complaint is presented to the court, it will be a judge of the National Audience who decides whether to admit it for processing, taking into account whether there are signs of a criminal offence or not.
The prosecutor's office announced that it was investigating the football administrator manager under Article 178 of the Penal Code. This establishes that: "Anyone who carries out any action that attacks the sexual freedom of another person without their consent will be punished with a prison sentence of one to four years, as responsible for a crime of sexual assault."
Not sacked from UEFA
At the same time, it has been announced that the Spanish government has not succeeded in removing the suspended Rubiales from another football administration position he holds. UEFA president Aleksander Ceferin has declared that the non-consensual kiss of the suspended Spanish Football Federation (RFEF) president Luis Rubiales to footballer Jenni Hermoso at the celebration of the Women's World Cup was "inappropriate", but ruled out dismissing him as a vice-president of UEFA, the highest footballing authority in Europe.