Europe 1 with AFP // Photo credit: EIDAN RUBIO / RFEF / AFP 15:28 pm, September 08, 2023

The Spanish Justice seizes the case of the forced kiss. The former boss of the Spanish football federation, Luis Rubiales, could be charged with "sexual assault" and heard by the prosecutor's office for forcibly kissing player Jenni Hermoso during the final of the Women's World Cup. An act that could finally earn him a prison sentence.

The Spanish prosecutor's office on Friday demanded the indictment for "sexual assault" of suspended Spanish football boss Luis Rubiales, accused of having kissed by surprise the Spanish player Jennifer Hermoso after the coronation of the women's Roja at the World Cup in Sydney. "The prosecutor requests that Luis Rubiales be interviewed as an accused and Jenni Hermoso as a victim," the prosecutor's office said in a statement.

A judge of the Madrid Court of the National Court, which has jurisdiction when the facts take place abroad, will henceforth be responsible for admitting the prosecutor's request or dismissing it. If he admits it, he will entrust the investigation to an investigating judge. Since a recent reform of the Spanish Penal Code, a non-consensual kiss can be considered sexual assault, a criminal category that includes any type of sexual violence.

The penalty ranges from a fine to four years in prison.

The prosecutor's office also considers that he should be prosecuted for "an offence of coercion". "Jenni Hermoso explained that she was, with her entourage, the victim of constant pressure from Rubiales and her professional entourage to justify and approve the facts," says the prosecutor, referring to a "harassment" of the player and her relatives.

>> READ ALSO - Forced kiss: Luis Rubiales provisionally suspended by FIFA

On August 20, a few minutes after the world title of the women's "Roja" in Sydney, the boss of Spanish football had kissed Jenni Hermoso on the mouth by surprise, causing international indignation. Refusing to resign for "a little kiss consented", he had attacked, during a resounding speech on August 25, a supposed "false feminism" and argued that he had obtained the authorization of the player before kissing her. A version denied by Jenni Hermoso who said she had "felt vulnerable and victim (...) an impulsive and sexist act, inappropriate and without any consent on my part".

Head coach Jorge Vilda excluded

The case, which led to the temporary suspension of Rubiales by FIFA, plunged Spanish football into chaos and overshadowed the women's national team's world title. Criticized by his players, coach Jorge Vilda, a close friend of Rubiales, was sacked Tuesday by the federation and replaced by his former assistant, Montse Tomé. His counterpart in the men's team, Luis De la Fuente, had to ask for "forgiveness" last week for applauding, like many members of the federation, Rubiales' speech on August 25.

>> READ ALSO - Case of the forced kiss: Luis Rubiales cornered on all sides, his family rises to the niche

The first woman to lead the women's team, Montse Tomé will have to quickly convince the 23 world champions to end their strike while the next international matches will take place on 22 and 26 September.