Luis Rubiales, the former Spanish FA chief, has been at the center of a legal and public controversy following the Women's World Cup final in August 2023. He was found guilty of sexually assaulting Spanish player Jenni Hermoso through a non-consensual kiss during the celebrations of Spain's victory. Although Rubiales was acquitted of coercion charges, the court confirmed the non-consensual nature of his actions. Hermoso had testified in court, asserting that she did not consent to the kiss. Despite his denial of the charges and intention to appeal, Rubiales faced a three-year ban from football-related activities, initially reduced to 90 days by FIFA but later reinstated to three years by the Court of Arbitration for Sport (CAS).
The incident prompted a broader discussion on misogyny and sexism within Spanish society, highlighting deep-seated issues within the sport. Many Spanish players had previously expressed their dissatisfaction and refused to play under head coach Jorge Vilda, citing concerns about their treatment. Vilda was subsequently dismissed 16 days after leading Spain to World Cup triumph in Sydney. The Royal Spanish Football Federation (RFEF) issued an apology for the "enormous damage" caused by Rubiales' conduct.
In court, Judge Jose Manuel Clemente Fernandez-Prieto described Rubiales' actions as a "reprehensible act" committed in the celebratory aftermath of Spain's unprecedented World Cup success. The court document emphasized that Hermoso's testimony was considered highly credible, reinforcing the non-consensual nature of the kiss.
"The judge gave 'full credibility' to the testimony given by Hermoso, who stressed throughout that the kiss was non-consensual." – Court release
The CAS panel ruled that Rubiales' behavior constituted multiple serious violations of FIFA's disciplinary code and found the sanctions appropriate.
"The CAS panel determined that the behaviour of Mr Rubiales at the final of the FIFA Women's World Cup 2023 constituted multiple and serious violations of the FIFA disciplinary code (art.13) and saw no reason to consider the sanction to be disproportionate." – CAS
FIFA reiterated its commitment to upholding integrity and decent conduct within the sport.
"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." – FIFA
Rubiales resigned from his position as Spanish FA chief on September 10, 2023, amidst mounting pressure and legal challenges. In addition to his ban from football activities, he is prohibited from approaching within 200 meters of Hermoso or communicating with her for one year.
The case continues to resonate beyond the legal sphere, drawing attention to broader cultural issues within Spanish football and society. Lucy Bronze, an England international, praised the courage of those involved in pushing for change.
"It's been incredible that the players have had to go through that. Not only winning the World Cup and the media outside of it but they are in the court case and they are speaking out." – Lucy Bronze
Bronze emphasized the significance of their fight for transformation within their federation.
"It's incredibly brave of the individuals and the team involved. They are fighting for change – not just within the court case – but they are fighting for change in their federation. It's amazing." – Lucy Bronze
She also expressed solidarity with the Spanish players, hoping they can soon return their focus to playing football.
"We want them to just enjoy their football. Having been there last year at Barcelona and watching all the players go through the ordeals after the World Cup, [it] was challenging off the pitch for them. It would be nice for them to get back to focusing on their football because they are incredible people and unbelievable players." – Lucy Bronze
The issue has sparked a call for broader reforms in sports governance and gender equality within Spain and beyond. Hermoso's formal complaint to Spain's national prosecutor's office underscores a demand for accountability and justice.
The dismissal of Rubiales' appeal by CAS marks a significant moment in this ongoing saga. The ruling not only reaffirmed his three-year ban but also amplified discussions around respect and equality in sports. As the situation develops, it remains a pivotal point for reflection on institutional behavior and cultural attitudes toward women in sports.
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