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Prosecutors in Spain open sexual abuse probe over Rubiales kiss

Prosecutors at Spain's top criminal court said Monday they had opened a preliminary investigation into Luis Rubiales' forcible kiss on the lips of World Cup player Jenni Hermoso on grounds it could constitute a crime of "sexual assault".

Prosecutors in Spain open sexual abuse probe over Rubiales kiss
After Spain won the Women's World Cup in Sydney on August 20, Rubiales sparked a massive backlash after forcibly kissing Hermoso on the lips during the medal ceremony.(Photo by CARMELO RUBIO / RFEF / AFP)

“Prosecutors from the National Court have opened a preliminary investigation to look into the facts, which could constitute an offence of sexual assault,” a court statement said.

They would also contact Hermoso to offer her a chance to file a suit within 15 days, the statement said.

After Spain won the Women’s World Cup in Sydney on August 20th, Rubiales sparked a massive backlash after forcibly kissing Hermoso on the lips during the medal ceremony.

Hermoso later said the unwanted kiss had left her feeling “vulnerable and a liked the victim of an assault”, with a statement on social media describing it as “an impulsive, macho act, out of place and with no type of consent on my part”.

The court said it was opening the investigation in light of the “unequivocal nature” of her statements, saying it was necessary “to determine their legal significance”.

“Given the public statements made by Jennifer Hermoso, the sexual act she was subjected to by (Luis) Rubiales was not consensual,” the court statement said.

Legal experts would also contact the player “to offer her the option of legal action, giving her the chance to contact National Court prosecutors within 15 days for information about her rights as a victim of an alleged sexual assault… should she wish to file a complaint”, it said.

“In order to proceed with a case for sexual assault, harassment or sexual abuse, it will be necessary for the injured party or their legal representative to file suit, or the public prosecutors’ office,” the statement said.

If Hermoso decides not to file suit, it will make it “difficult” for prosecutors to press ahead with the case, legal sources told AFP.

So far, the court said it had received several complaints about Rubiales’ kiss, which without consent constitutes an offence of sexual assault under Spain’s recently-updated criminal code.

FIFA suspended Rubiales as president of Spain’s RFEF football federation at the weekend, and he could face further sanctions in Spain with the country’s National Sports Council (CSD) meeting on Monday to discuss to examine the complaints against him.

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CORRUPTION

World Cup winner Del Bosque to watch over Spain’s scandal-hit federation

Former Spain coach Vicente del Bosque will lead the committee overseeing the country's trouble-ridden football federation, the Spanish government said Tuesday.

World Cup winner Del Bosque to watch over Spain's scandal-hit federation

The retired 73-year-old led La Roja to the 2010 World Cup and 2012 European Championship titles, as well as taking Real Madrid to two Champions League triumphs.

“I’m proud to announce that the person presiding over the committee and representing it… is Vicente del Bosque,” said Pilar Alegría, the minister for Education and Sports.

“Del Bosque will be the face and representation of Spanish football.”

Last week Spain’s National Sports Council (CSD) created a committee to “oversee” the federation (RFEF) and try to pull it out of crisis.

Former president Luis Rubiales resigned in disgrace after forcibly kissing Women’s World Cup star Jenni Hermoso last year, while he and new president Pedro Rocha are under investigation in a graft probe.

“I believe that (Del Bosque) is the clearest representation of a good person of great human quality and, above all, an example of honesty and respect,” added Alegría.

The RFEF took decisions “beyond its remit” after Rubiales stepped down in December according to a report from the country’s leading sports court, resulting in the CSD creating the committee.

World and European football governing bodies FIFA and UEFA subsequently issued a statement expressing “great concern” at the situation around the RFEF.

“FIFA and UEFA will seek additional information to assess the extent to which the CSD’s appointment (of the committee) … may affect the RFEF’s obligation to manage its affairs independently and without undue government interference,” they said.

Spain is due to host the 2030 World Cup along with Portugal and Morocco.

The court report on the RFEF interim committee overstepping its bounds also raised the possibility the CSD may provisionally suspend Rocha, who was elected as Rubiales’ replacement on Friday, and other RFEF directors.

A CSD meeting Tuesday over potential punishments for these alleged infringements was put on hold after the sports court asked for more documentation, CSD sources told AFP.

The sources said the CSD plans to meet again in the coming days.

One decision allegedly beyond the remit of the RFEF was the renewal of current Spain coach Luis de la Fuente’s contract in February.

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