By Alyssa McMurtry
OVIEDO, Spain (AA) - Spanish prosecutors said on Monday that they have opened an investigation into the suspended president of Spain’s football federation Luis Rubiales for kissing a player on the lips without her consent.
Prosecutors will determine whether the kiss could be considered sexual aggression. Under Spain’s new consent law, known as “only yes means yes,” a wide variety of unwanted sexual behavior can now be criminally prosecuted.
Spanish prosecutors have invited Jennifer Hermoso, the player whom Rubiales kissed while celebrating the World Cup victory earlier this month, to formalize her complaint against her former boss. She has 15 days to get in touch with prosecutors so she can be informed of her rights as a potential victim of sexual aggression.
On Friday, Hermoso posted a statement saying: “I felt vulnerable and a victim of an impulse-driven, sexist, out-of-place act without any consent on my part.” She also said Rubiales and the federation pressured her to say she agreed to the kiss.
Under Spain’s new law, Rubiales could face between one and four years behind bars for violating her sexual freedom.
Rubiales and Spain’s football federation have insisted that Hermoso is lying and that she consented to the kiss.
FIFA, thee world governing body of football, has temporarily suspended Rubiales for his behavior. In parallel, the Spanish government is also working this week to sanction the former coach and oust him permanently.
Rubiales’ unwanted kiss, other crude behaviors and refusal to admit that the kiss was problematic have triggered an outpouring of support for Hermoso across Spain and around the world.
“These days we have witnessed the worst of structural misogyny in our sports, but we have also witnessed the best – sorority,” said Spain’s acting Labor Minister Yolanda Diaz in a news conference on Monday.
Diaz also announced that labor inspectors have kicked off a campaign to remind sporting bodies about their legal obligations surrounding equality between men and women. In Spain, the minimum annual salary in the women’s football league is €16,000 ($17,300) while the minimum salary in the men’s league is €180,000.
“What cannot be is that the differences exist due to the mere fact that they are women. Do they have to make the exact same? Probably not, but any difference should be clearly justified,” said Diaz.
Diaz also said that she has denounced Spain’s football federation for its gender imbalance. Of its 411 members, only 38, or 11% are women, which Diaz said goes against the law. She also said the entire federation should be dissolved immediately.
Meanwhile, on Monday, Rubiales' mom locked herself in a church and announced that she was going on a hunger strike until there is justice for her son.