By John Wendt
The 2023 FIFA Women’s World Cup was a success on so many levels, including attendance, viewership, and prize money. As FIFA President Gianni Infantino said, “This FIFA Women’s World Cup has been truly transformational, not only in Australia and New Zealand, but all over the world…In the host countries, we had almost two million spectators in the stadiums – full houses everywhere – and two billion watching all over the world – and not just watching their own country, but watching the World Cup, because it’s an event [where] I don’t just watch my team. It’s great sport, it’s entertaining and people love it.”1 Unfortunately, the actions of Luis Rubiales, then president of Spanish Football Association (Real Federación Española de Fútbol or “RFEF”) and vice-president of the Union of European Football Associations (“UEFA”), marred the celebration. As one commentor noted, it was “an unpleasant reminder to many of the sexism that has plagued women’s soccer.”2
Spain had just defeated England 1 – 0. Presenting the awards on the dais were luminaries including, Queen Letizia of Spain, her 16-year-old daughter Sofía, FIFA President Gianni Infantino, Australia Prime Minister Prime Minister Anthony Albanese, and Luis Rubiales. Players lined up to receive their medals and congratulations from the members on the dais. All the English players and coaches received their silver medals.
Then, the Spanish Team walked up to receive their medals and congratulations. All went well until Spanish player Jenni Hermoso’s turn came. After Hermoso received her medal from President Infantino, Luis Rubiales reached around her, hugged her, spoke briefly with her, and then put both his hands on the back of her head and kissed her on the lips. On Instagram Live, Hermoso said that she “didn’t like it.”3 FIFA’s outgoing Secretary General Fatma Samoura said that Rubiales’ actions “derailed” the celebrations and that “I didn’t take one second to realize that, oh, that was very inappropriate…I know that football can unite the world … and to have it ruined at the last minute after this celebration of the biggest World Cup, was just something that was unfortunate.”4
The response to Rubiales’ actions triggered a crisis in Spanish football and resulted in universal condemnation. Miquel Iceta, Spain’s acting minister for sports and culture said, “(It) is unacceptable to kiss a player on the lips to congratulate her.”5 Irene Montero, Spain’s government equality minister said, “It is a form of sexual violence that women suffer on a daily basis, and which has been invisible so far, and which we should not normalize.”6 The Fédération Internationale des Associations de Footballeurs Professionnels (“FIFPRO”), the players’ union said, “Uninitiated and uninvited physical gestures towards players are not appropriate or acceptable in any context. This is especially true when players are put in a position of vulnerability because a physical approach or gesture is initiated by a person who holds power over them.”7
Yet, Rubiales defended his actions as a consensual kiss and refused to resign. Rubiales stated that is was spontaneous and consensual and it was “exactly the same as if I’d have been kissing one of my daughters.”8 Rubiales went on to say, “The spontaneity and happiness of the historic moment led us to carry out a mutual and consented act, the product of great enthusiasm. At no time was there any aggression, indeed, there was not even the slightest discomfort, but an overflowing joy in both. I repeat: with the consent of both parties, both in the affectionate hugs, as well as in the peak and subsequent farewell full of affectionate mutual gestures, that occurred during the medal presentation.”9 Rubiales, whose mother locked herself in a church and threatened a hunger strike in support of her son, blamed “false feminists” and that, “These people are trying to assassinate me and I’m going to defend myself. The false feminists destroy people. … The press, in the majority, will keep killing me, but I know the truth, and what my family and the people who love me think. The truth is the truth.”10
Hermoso has consistently insisted that the kiss was nonconsensual. The Spanish soccer federation initially tried to downplay the incident and released statements alleging Hermoso’s support of Rubiales. But Hermoso alleged that the federation pressured her and her family to do so and she pointed out in a streaming video on social media, “I didn’t like it, but what can I do?”11 She went on to say, “I want to clarify that, as seen in the images, at no time did I consent to the kiss he gave me…I do not tolerate my word being questioned, much less that it be made-up words that I haven’t said.”12
Jorge Ivan Palacio, the chairman of the FIFA Disciplinary Committee, provisionally suspended Rubiales from all football-related activities at national and international level for 90 days pending disciplinary proceedings that were opened against Rubiales. The Committee was investigating whether Rubiales’ actions were violations of Article 13 of the FIFA Disciplinary Code, which includes offensive behavior and violations of the principles of fair play.13 Examples of this behavior include “violating the basic rules of decent conduct” and “behaving in a way that brings the sport of football and/or FIFA into disrepute.”14
The Disciplinary Committee found, among other things, that not only that Rubiales had kissed Hermoso (CHECK), but that during the match and sitting next to the Queen and her daughter he celebrated the Spanish victory by grabbing his crotch/genitals.15 The Committee also found that he carried Spanish player Athenea del Castillo over his shoulder during celebrations on the pitch. The Committee noted that Hermoso said, “I believe that no person, in any work, sporting or social environment, should be a victim of this type of non-consensual behaviour. I felt vulnerable and a victim of aggression, an impulsive, sexist act, out of place and without any type of consent on my part… ZERO TOLERANCE (sic) with such behaviour.”16
The Committee further found that the RFEF originally released a statement supporting Rubiales and that, “We have to state that Ms. Jennifer Hermosa lies in every statement she makes against the president… The kiss was consensual. The consent was given in the moment with the conditions of the moment. Later you can think that you have made a mistake, but you cannot change reality.”17
As to the merits of the case, the Committee found that “both protagonists had different interpretations of the kiss and the events surrounding it.” Yet, they also found that the RFEF threats of punishment against Hermoso for expressing her opinion cannot be tolerated. They further emphasized FIFA’s interest in protecting the integrity and reputation of football had been significantly affected by the events. They noted that FIFA has a “statutory objective to promote and develop Women’s football worldwide, (and) FIFA also has a duty to protect it as well as those involved in women’s football, in particular female players.”18
In their decision the Committee found that Rubiales had breached Article 13 and banned him from all football-related activities at national and international levels for three years stating, “FIFA reiterates its absolute commitment to respecting and protecting the integrity of all people and ensuring that the basic rules of decent conduct are upheld.”19 In 2022 the Spanish Sports Law (Law 39/2022) was enacted and the Superior Sports Council (Consejo Superior del Deporte, CSD) with new changes to the structure of sport in Spain. Included in those reformations were rules that make ineligible anyone who has been sentenced by the disciplinary bodies of national or international federations or sports tribunals, meaning that Rubiales can no longer run for RFEF presidency or General Assembly.20
Rubiales, who continues to deny the allegations, is now under investigation for two different crimes of sexual assault and coercion, the assault from the kiss and the coercion from the alleged intimidation efforts. Regarding the kiss in 2022, Spain’s Parliament enacted the “Ley Orgánica de Garantía Intégral de la Libertad Sexual” popularly called “Solo sí es sí” (Only yes is yes) which states, “It will only be understood that there is consent when it has been freely manifested through acts that, in attention to the circumstances of the case, clearly express the will of the person.”21 Under Spanish law a non-consensual kiss can be considered sexual assault with the possibility of one to four years in prison. 22
Judge Francisco de Jorge in Spain’s National Court is conducting the preliminary investigation into the incidents and will then decide whether the case should go to trial, or whether the case should be dismissed. On January 2, 2024, Hermoso gave evidence before Judge de Jorge and as she was leaving the court said, “All is in the hands of justice, that is all I can say.”
Additionally, Rubiales, Albert Luque, new director of the Spanish Men’s National Team, Rubén Rivera, RFEF marketing director, and former Spanish Women’s coach, Jorge Vilda could also face charges for attempting to coerce Hermoso to show support for Rubiales. The court has already imposed a restraining order on Rubiales from communicating with Hermoso and prohibiting Rubiales from coming within 200 meters of Hermoso.23 Finally, Rubiales is also being investigated over “irregularities” in the use of the Federation’s funds.24
Shortly after Spain won the World Cup Nadia Tronchoni, an editor at the Spanish newspaper El País, emphasized that the victory was “more than a title” saying “The women, the girls of this country celebrated the fact that our stubbornness has finally defeated machismo…Rubiales’s kiss to Hermoso reminds us that the road ahead is a long one.”25
