Luis Rubiales is fighting to remain the president of the Royal Spanish Football Federation (RFEF) despite increasing pressure to resign from various sporting bodies and the government following his behaviour after the Women’s World Cup final earlier this month.
Rubiales, 46, finally lost the RFEF’s support this week after FIFA provisionally suspended him from all football activity for 90 days. That left a committee of the federation’s regional presidents in charge, and on Monday, they called for him to quit.
Criminal proceedings are also underway after his unsolicited kiss of Spain national team star Jenni Hermoso. Rubiales says there was consent, but Hermoso refutes that claim and says she felt “the victim of assault.” Rubiales has also been condemned for other actions during the celebrations after Spain beat England in Sydney, including grabbing his crotch, kissing other players and carrying another over his shoulder, but the incident with Hermoso is the subject of the legal case.
Rubiales’ five years in the top job at the RFEF have been marked by controversial incidents and allegations against him, from sacking the coach of the men’s national team, Julen Lopetegui, after one month in the role through to a high-profile dispute with the women’s team last September.
With proceedings now open on various fronts into his conduct, ESPN looks at what could happen next, as well as the possible repercussions for Rubiales.
Could Rubiales go to jail?
It’s worth bearing in mind that there are two parallel processes going on here. While disciplinary proceedings against Rubiales are underway in a sporting sense — both internationally via FIFA, and with the Spanish government’s attempt to have Rubiales removed — there is also the possibility of a criminal case and a subsequent criminal penalty.
Spanish prosecutors announced on Monday that they had begun a preliminary investigation into Rubiales’ conduct and would be offering Hermoso the opportunity to file a complaint against him. The player has two weeks to decide whether to participate.
Prosecutors will point to Hermoso’s statement last week, in which she denied that Rubiales’ kiss was consensual and said she “felt vulnerable and the victim of an assault.” That suggests a potential offence of sexual assault, if Hermoso decides to press charges.
“The behaviour of Rubiales could be deemed as sexual harassment on the basis of current Spanish legislation,” lawyer Ignacio Alvarez Serrano, an associate at Gomez-Acebo & Pombo abogados, told ESPN. “[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.”
In the event of a successful prosecution, Rubiales would be unlikely to do jail time: Prison sentences under two years are usually suspended in Spain if the guilty party has no criminal record and does not re-offend.
Of course, this incident took place in Australia, but Spanish law allows for acts committed overseas to be prosecuted in Spanish courts, if the parties involved are Spanish nationals and the conduct in question is also an offence in the country where it took place. — Kirkland
Outside Spain, UEFA — which has been silent so far on the matter — and FIFA could also step in. — Marsden
What would it mean for UEFA and FIFA to step in?
Rubiales is one of UEFA’s vice presidents and is on the organisation’s executive committee. However, it has yet to provide any official comment on the issue.
On Monday, though, sources told ESPN that UEFA will not comply with the Spanish federation’s request (made before Rubiales was suspended) for sanctions due to government interference. Such sanctions would have barred Spanish teams from competitions such as the UEFA Champions League — in essence, ruining Spanish football to preserve Rubiales — and could have swayed public opinion in favour of letting Rubiales keep his job. That last-ditch request was made on Friday, when Rubiales was still in charge, but the RFEF’s regional presidents have now asked for it to be withdrawn given Rubiales’ suspension.
Sources add that UEFA is leaving the disciplinary process in the hands of FIFA because Rubiales’ actions took place at a FIFA event.
FIFA launched disciplinary proceedings against Rubiales on Thursday. On Saturday, it provisionally suspended him from all football and ordered him to avoid contacting Hermoso for 90 days while the investigation is carried out. Reports suggest it could ban him for up to 15 years, which is the maximum possible time per FIFA’s statutes. — Marsden
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There have been reports that those in temporary charge at the RFEF will favour a clean slate and fresh start for the women’s team with a new coach, allowing for a reconciliation with the players, but there’s nothing official yet. — Kirkland
What’s next for Rubiales?
Rubiales has not spoken since Friday’s speech at the RFEF assembly, when he emphatically refused to step down, shouting “I will not resign” five times.
What he does next will depend on the action that is taken against him. He first must decide whether to quit as RFEF president after losing the support of the regional presidents. Given his stance last week, that seems unlikely, but as he becomes increasingly isolated, he may have little choice. Meanwhile, as mentioned above, prosecutors in Spain have opened a preliminary sex abuse investigation into the incident. However, for the enquiry to move forward, Hermoso must press charges against Rubiales. As of Tuesday, she has not taken legal action.
Rubiales has pledged to fight “until the end” to clear his name, blaming “false feminists” and a campaign against him for the reaction to his behaviour after the World Cup final. His mother, Ángeles Béjar, has retaliated against his treatment and gone on hunger strike in a church in his hometown of Motril, Andalusia. On Tuesday, 24 hours into her strike, she said she “did not mind dying” for justice for her son, saying he has been subject to an “inhuman, bloodthirsty witch hunt.” — Marsden
