From the fans to the political sphere: the kiss on the mouth of the president of the Spanish Football Federation, Luis Rubiales, to the player Jenni Hermoso during the celebration of the women's soccer world title has aroused countless criticisms for a gesture that, according to experts consulted by EFE, would only be punishable if they lack consent.
This vision is supported by the law of only if it is yes, which considers any sexual act without consent to be an assault -without the need for it to have been exercised using force or violence-, a key point in this case, which would not go far. penalty unless the player declares that the kiss was not consensual.
However, beyond this debate, ministers such as the head of Equality, Irene Montero, and that of Culture and Sports, Miquel Iceta, have demanded explanations and apologies from Rubiales, while Sumar calls for the resignation of the president of Real Spanish Football Federation (RFEF).
On whether Rubiales' action against Hermoso could constitute a crime under the law of only yes is yes, the lawyer for the Association of Women Jurists Themis, Ángela Alemany, sees it as complicated because "the key is that there was no consent" , according to statements to EFE.
The coordinator of the Commission on Gender Violence of Judges and Judges for Democracy, María del Prado Escoda, agrees with her, who tells EFE that there are sentences that have considered a violent kiss on the mouth as sexual assault, something that with the new law it could be applied to this case even without violence, but only if the victim declares that he did not consent to it. "The key is, at least from a criminal point of view, in the consent, which must be decided by the victim," the magistrate qualifies.
However, Escoda recalls that in this case there is another "social and labor" dimension to take into account: "the kiss is being given by a person in a position of labor superiority over the other."
"It is not only sexual violence, it is also violence and an abuse of power. The focus should not be placed on the victim, on whether they wanted to or did not want to, but on him, who is the one who would not have had to give that kiss to a person on a lower plane without being clear if she really wanted it", he adds.
The protocol for action against sexual violence of the Royal Spanish Football Federation also establishes in its point 4 that physical contacts such as "attracting with the arm with the intent to kiss them" or "kissing by force" must be considered "situations, attitudes and behaviors related to sexual violence.
"These behaviors are unacceptable and will entail immediate consequences," says the text, which, however, does not affect what these measures are or how it will be determined if the action has been committed "by force."
The Acting Minister for Equality, Irene Montero, has pointed out that kissing without consent "is a form of sexual violence that women suffer on a daily basis and up to now invisible, and that we cannot normalize."
In his account of the social network X (formerly Twitter) Montero has written that "the law of sexual freedom establishes that aggression is any sexual act without consent." "It is not the force, violence or intimidation exercised - or that is demonstrated - that allows us to speak of sexual assault, but the very absence of consent," he added.
From Sumar, the formation's spokesman, Ernest Urtasun, has defended that "Rubiales should present his resignation." "The image that he has transferred to the world is of repugnant machismo. He cannot go unpunished," he highlighted.
For his part, the Minister of Culture and Sports, Miquel Iceta, has considered in statements to RNE that the gesture of the federal president is "unacceptable" and that he should give explanations and even apologize for the kiss. "The first thing he has to do is explain and make excuses," he said.
"Those of us who have public responsibilities have to be extremely careful, because we are giving a message to society, and the message is equal rights, it is respect and therefore avoid any circumstance that can be interpreted in terms of prevalence, it is not the one in charge. The one who forces a kiss cannot be," explained the minister.
In the international press, Rubiales' gesture has also garnered criticism: sports publications such as the French L'Equipe explain that the RFEF president kissed Hermoso "by force", a formula replicated by newspapers such as the English The Guardian and the American The New York Times.
Rubiales' kiss to Hermoso went viral on social media on Sunday, where users shared a video showing how the RFEF president grabs the player by the head and kisses her on the mouth during the trophy ceremony of the world
In a statement provided by the RFEF to EFE, Hermoso stated that it had been "a totally spontaneous mutual gesture due to the immense joy that winning a World Cup gives." "The president and I have a great relationship, his behavior with all of us has been ten and it was a natural gesture of affection and gratitude," he said.
However, a few hours earlier during an Instagram live in which the players broadcast their celebration in the locker room after winning the final, the player had indicated that she had not liked the kiss. "Eh, I didn't like her. (?) But what do I do? Look at me, look at me!", She stated.
