By Adegboyega Adeleye
Spain’s top criminal court has opened a preliminary investigation into the case of the country’s FA president, Luis Rubiales, after he kissed player Jenni Hermoso on the lips.
Rubiales has faced heavy criticism after he kissed Hermoso on the lips following Spain’s 1-0 win over England to win the Women’s World Cup, and 33-year-old Hermoso said the kiss was not consensual.
The prosecutors will investigate the incident and decide if it amounts to a crime of sexual assault.
Rubiales was suspended on Saturday by world football’s governing body, FIFA—a day before he insisted he would not resign.
The Prosecutor’s Office says it has started the investigation because “the sexual act was not consented”.
According to a statement received by the AFP news agency from the Spanish national court, “prosecutors from the national court have opened a preliminary investigation to look into the facts, which could constitute an offence of sexual assault”.
The statement indicated the court would offer Hermoso a chance to file a lawsuit.
The Spanish government has asked for Spain’s Sports Tribunal (TAD) to suspend him, a request that will be discussed at a TAD meeting on Monday.
The Spanish Football Federation (RFEF) has also called regional federations to an “extraordinary and urgent” meeting on Monday “to evaluate the situation in which the federation finds itself”.
When it announced Rubiales, 46, had been suspended on Saturday, FIFA ordered him, the RFEF, as well as its officials and employees, not to attempt to contact Hermoso, whom the RFEF had threatened with legal action earlier that day.
Last week, Rubiales apologised for the kiss, but Spain’s Prime Minister Pedro Sanchez said that was “not enough,” and second deputy prime minister Yolanda Diaz joined those calling for him to resign.
Rubiales said, “I was completely wrong; I have to admit it.
“It was without bad intention at a time with a lot of excitement. In the moment, we saw it as natural, but outside, a commotion has formed.
“I have to apologise, learn from this, and understand that when you are president, you have to be more careful.”
Rubiales’ celebration at the final whistle was in the VIP area of Stadium Australia, while he was standing near Queen Letizia of Spain and her 16-year-old daughter.
He then kissed Hermoso on the lips after she was presented with her winner’s medal on the podium.
“I didn’t like it,” Hermoso, who is Spain’s all-time leading scorer with 101 caps, had posted on Instagram, but a statement released later on her behalf defended Rubiales.
Rubiales’ mother, Angeles Bejar, has locked herself in the Divina Pastora church in Motril on the southern Spanish coast—the town where her son was raised—and has gone on a hunger strike because of the “inhuman hunt” against him.
She told Spanish news agency EFE the strike would continue “indefinite, day and night” and added that the “inhuman and bloody hunt that they are doing with my son is something he does not deserve”.
Rubiales’ cousin Vanessa Ruiz, who acts as a family spokesperson in Motril, said: “We are suffering a lot for him. He has been judged before his time.
“They (the media) don’t stop harassing us. We had to leave our house. We want them to leave us alone and for Jenni to tell the truth. It’s not fair.”