Prosecutor requests restraining order banning Rubiales from contacting Hermoso
Rubiales appeared in court to be investigated for sexual assault
A prosecutor has requested a restraining order banning Luis Rubiales from contacting Jenni Hermoso.
Rubiales appeared in court to be investigated for sexual assault for kissing Hermoso on the lips after the FIFA Women’s World Cup final last month.
If granted, the order would prevent Rubiales trying to contact her or coming within 500 metres of her.
The incident has triggered a furore over sexism in Spanish sport and society and prompted protests similar to the "Me Too" movement.
After kissing the 33-year-old footballer, Rubiales first claimed that the kiss was nothing more than a moment between two friends.
Meanwhile, Hermoso denied the 46-year-old's claims saying that she didn’t consent to the kiss and felt "vulnerable and the victim of an aggression".
Rubiales attended the hearing, at the High Court in Madrid with his lawyer Olga Tubau, that lasted about an hour behind closed door. He did not speak to the media waiting outside.
During the testimony, Rubiales denied the accusations, according to a statement by the prosecutor's office.
After weeks of resisting calls from players, politicians and women's groups to step down as president of the Royal Spanish Football Federation (RFEF), Rubiales finally resigned on September 10.
Judge Francisco de Jorge leads the investigation, which must precede any formal charges under Spanish law and will decide whether the case goes to trial. If it does, he could be jailed for between one and four years.
"In criminal proceedings, being able to prove consent becomes crucial," said legal expert Gonzalo Jimenez, partner at law firm Martinez Echevarria.
He said it was important to prove malice or intentionality to make a sexual action punishable as assault.
De Jorge has ordered media, including state broadcaster TVE, to send him footage of the incident and subsequent videos such as one with the players celebrating on a bus with Rubiales and referring to the kiss in what appeared to be a light-hearted manner. The investigation could take several months.
The legal case will also be a public test of the leftist coalition government's flagship "Solo sí es sí" (Only yes is yes) law, which puts consent at the heart of sexual relations.
Many players, sports bodies and politicians have backed Hermoso in a campaign coalescing around the hashtag #SeAcabó (It’s Over) on social media.
More than 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 management line-up and style.
On Friday, the players told the RFEF they would continue with their boycott despite Rubiales' resignation and the replacement of team coach Jorge Vilda with his assistant Montse Tome.
— Additional input from Reuters.
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