Rubiales Barred from Contacting Hermoso After Prosecutor’s Request

• Restraining order sought against Rubiales in sexual assault case.
• Sexism debate sparked by incident in Spanish sports.
• National team boycotts play pending RFEF leadership changes.

A prosecutor has asked for a restraining order to prevent Luis Rubiales from contacting Jenni Hermoso. This request comes in the wake of Rubiales being investigated for sexual assault due to a kiss he planted on Hermoso’s lips after the FIFA Women’s World Cup final last month.

If granted, this order would prohibit Rubiales from attempting to contact Hermoso or coming within 500 meters of her. The incident has ignited a heated debate about sexism in Spanish sports and society, leading to protests reminiscent of the “Me Too” movement.

Initially, Rubiales claimed that the kiss was merely a friendly gesture between two friends, but Hermoso refuted his claims, asserting that she did not consent to the kiss and felt vulnerable and victimized.

Rubiales, accompanied by his lawyer Olga Tubau, attended a closed-door hearing at the High Court in Madrid, where he denied the allegations, according to a statement from the prosecutor’s office.

After weeks of resisting calls from players, politicians, and women’s groups to step down as the president of the Royal Spanish Football Federation (RFEF), Rubiales eventually resigned on September 10.

Judge Francisco de Jorge is leading the investigation, which is a prerequisite for any formal charges under Spanish law and will determine whether the case proceeds to trial. If it does, Rubiales could face a prison sentence ranging from one to four years.

In criminal proceedings, establishing consent becomes crucial, and proving malice or intentionality is necessary to categorize a sexual action as assault, explains legal expert Gonzalo Jimenez.

Judge de Jorge has instructed various media outlets to provide footage of the incident and subsequent videos, such as one showing the players celebrating on a bus with Rubiales and making light-hearted references to the kiss. The investigation is expected to take several months.

This legal case will also serve as a public test of the leftist coalition government’s “Solo sí es sí” (Only yes is yes) law, which places consent at the core of sexual relations.

Many players, sports organizations, and politicians have rallied behind Hermoso through the #SeAcabó (It’s Over) campaign on social media. Over 80 of Spain’s top female players, including the 23 world champions, have refused to play for the national team until there are changes in the RFEF leadership and approach.

Despite Rubiales’ resignation and the appointment of Montse Tome as the new team coach, the players have informed the RFEF that they will persist with their boycott.

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