Luis Rubiales finds himself in hot water as he tries to remain the president of the Royal Spanish Football Federation (RFEF). Rubiales sparked a massive row after he forcibly kissed Spanish footballer Jenni Hermoso on the lips. The controversial incident took place during the presentation ceremony, following the FIFA Women’s World Cup final earlier this month. Several global sporting bodies have already asked Rubiales to resign but the Spanish official has remained adamant. Rubiales, who has already been provisionally suspended by FIFA, lost support of his country’s football federation earlier this week. Though, a mere resignation will not bring an end to this matter as the 46-year-old is currently facing criminal proceedings which were necessitated due to his controversial act, involving Hermoso.
Can Rubiales avoid imprisonment?
Spanish prosecutors, at the top criminal court, announced this week that they have started a preliminary investigation into Rubiales’ controversial act. This also gives Hermoso a chance to decide whether she wants to be a part of the investigation. Prosecutors are expected to consider Hermoso’s statement in which she categorically denied that Rubiales’ kiss was consensual. Hermoso said that she “felt vulnerable and the victim of an assault.”
“The behaviour of Rubiales could be deemed as sexual harassment on the basis of current Spanish legislation. [The legislation] punishes such misconduct with 1-2 years in prison, and 18-24 months of professional disqualification. … The problem in Spain is that this kind of misconduct is not usually reported to the police by victims because they are scared to lose their jobs,” lawyer Ignacio Alvarez Serrano, an associate at Gomez-Acebo & Pombo abogados, told ESPN.
If Rubiales ends up being convicted, he is unlikely to land behind the bars. According to ESPN, prison sentences under two years are usually suspended in Spain if the guilty party has no criminal record and does not re-offend.
What about Rubiales’ resignation?
Considering the current situation, it seems a bit difficult for Luis Rubiales to avoid a resignation. Even if he does not resign from his role, there are multiple ways in which Rubiales can be removed from the office. Things got worse after he lost the backing of his very own football federation this week. Coming up with a vote of no confidence, presented to the RFEF’s general assembly, can be one way to force Rubiales to leave his position. The Spanish government has also asked for his removal, via the Supreme Sports Council (CSD).
Meanwhile, football’s top governing body FIFA has already launched disciplinary proceedings against Rubiales. Needless to say, FIFA’s involvement will make the situation only more troublesome for Rubiales, who is one of the UEFA’s vice presidents. ESPN reported that, as per their sources, UEFA is leaving the incident in the hands of FIFA. UEFA is understood to have taken this decision because Rubiales’ debatable actions took place at an event organised by FIFA.