LAST UPDATE | 15 Sep 2023
THE FORMER PRESIDENT of the Spanish football federation Luis Rubiales has been given a restraining order and is prohibited from contacting the player he kissed on the lips last month at the Women’s World Cup, Spain’s National Court has said.
Rubiales appeared in front of Judge Francisco de Jorge and denied any wrongdoing when questioned about kissing Spain player Jenni Hermoso on the lips during the awards ceremony, the state prosecutors’ office said.
After hearing Rubiales, the judge issued the restraining order that prohibits him from being within 200 metres of Hermoso. The state prosecutors had asked for that ban to reach 500 metres.
Dozens of journalists were on hand as the 46-year-old left Madrid’s Audiencia Nacional court after he was questioned by Judge Francisco de Jorge who is heading up the investigation.
Rubiales did not speak to the press.
He was questioned at the closed-door hearing as a defendant in regards to allegations of “sexual assault”. Hermoso will also be called to testify at a later date.
At the hearing Rubiales once again maintained the kiss was consensual, a judicial source said.
Public prosecutors, meanwhile, asked the judge to ban Rubiales from coming within 500 metres (1,600 feet) of Hermoso and communicating with her by any means while the investigation is underway, the source added.
The case comes barely four weeks after Rubiales sparked outrage when he forcibly kissed the midfielder in front of the world’s media after Spain defeated England in the final.
Rubiales, who was head of Spain’s RFEF football federation at the time, has repeatedly insisted the kiss was consensual.
Hermoso has said it was not and that it left her feeling like the “victim of an assault”.
De Jorge on Monday admitted a complaint against Rubiales filed the previous week by the public prosecutors’ office, citing alleged “offences of sexual assault” and “coercion”.
Under a recent reform of the Spanish penal code, a non-consensual kiss can be considered sexual assault, a category which groups all types of sexual violence.
If found guilty, Rubiales could face anything from a fine to four years in prison, sources at the public prosecutors’ office have said.
In their complaint, prosecutors said they had included the offence of coercion because of Hermoso’s statement in which she said “she and those close to her had suffered constant ongoing pressure by Luis Rubiales and his professional entourage to justify and condone” his actions.
Rubiales also denied any coercion at the hearing.
The global furore over the incident all but eclipsed the victory celebrations for Spain’s World Cup champions.
After three weeks of refusing to resign over the kiss, Rubiales, who was suspended by FIFA on August 26, stood down late on Sunday but continued to insist the kiss was consensual in a TV interview with Britain’s Piers Morgan.
“What we had is a spontaneous act, a mutual act, an act that both consented to, which was driven by the emotion of the moment,” he said, describing the kiss as “100 percent non-sexual”.
The hearing comes with new coach Montse Tome, the first woman to lead the team, set to announce her squad on Friday for UEFA Women’s Nations League matches against Sweden and Switzerland on 22 and 26 September.
Her first job will be to try and convince the 23 world champions to don the red jersey again after they and dozens of others said they would not play for the national team without significant changes at the head of the federation.
The players have not yet said what they will do following Rubiales’ resignation although the situation has changed since the RFEF sacked their controversial coach Jorge Vilda, named Tome in his stead and pledged further internal reforms.
“We have had discussions.. I don’t think there will be any problem,” Rafael del Amo, head of the RFEF’s women’s football committee told Cope radio on Tuesday.
“I think things will move forward.”
- © AFP 2023 with reporting from Press Association
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