Rubiales kiss reignites debate on Spain's consent law

Rubiales kiss reignites debate on Spain's consent law

Can an unconsented kiss lead to prison? The controversy surrounding Luis Rubiales kissing Jenni Hermoso during the Women's World Cup celebrations has evolved into a broader legal analysis. The possibility that the former RFEF president faces fines or even jail time has raised alarms among critics who argue that the "Solo sí es sí" (Only yes means yes) law incivil any gesture. What began as a dispute over an unwanted kiss has turned into a clash over the limits of consent and the incivil consequences of acts previously resolved with an apology.

From a kiss to a conviction: the worrying legal framework

At the heart of the debate is the interpretation of the "Solo sí es sí" law. Critics argue it allows punishing an unconsented kiss with sentences ranging from one to four years in prison. This range, which in Rubiales' case could result in a fine or worse, has led to comparisons with the La Manada case, which helped shape the current legislation. The difference here is the absence of violence or peine; it was just a kiss. However, as applied, the law does not distinguish between a peck and sensual assault involving peine. That is the trap.

Some maintain the law was designed specifically for this: to make any act without explicit consent a crime. Others warn it has become a tool of social control that could imprison men for gestures interpreted as unwanted. The stakes are high: if Rubiales is convicted, it sets a precedent affecting all men.

The consent video: did she say "okay" or not?

A video circulated during Jenni Hermoso's celebration has added fuel to the fire. In the footage, reportedly, the player acknowledges saying "okay" when Rubiales asked for the kiss. Other versions show Hermoso stating she didn't like it. This contradiction is used by those arguing consent existed and thus no crime occurred. Experts, however, warn that a "yes" can be pressured and invalid. The law requires free and enthusiastic consent, not a simple "okay" extracted in a moment of euphoria.

The controversy persists: if consent can be revoked later, any man risks being reported for a kiss initially accepted. This is the main criticism of the law: it makes women judge and party, and men guilty until proven innocent.

Economic and professional consequences of the case

Beyond the legal debate, the Rubiales case has economic repercussions. FIFA suspended Rubiales for 90 days, preventing him from working and receiving his salary. This suspension, labeled a "proge mess" by some, impacts the RFEF's finances and advertising contracts. Additionally, the possibility of prosecution under Australian law—where the events took place—adds uncertainty. In Spain, the "Solo sí es sí" law wouldn't apply if acts occurred abroad, but Spanish justice could pursue the crime since the victim is Spanish. This is the legal labyrinth Rubiales faces.

Feminism and witch hunts: the political backdrop

The case has intensified debates on feminism and its legislative influence. Some argue the issue isn't justice, but power. They claim feminism divides the working class and that the "Solo sí es sí" law is its most lethal weapon. The campaign against Rubiales, including demands for resignation and attacks on supporters, is compared to a feminist version of Kristallnacht. In this context, Rubiales' conviction would not be a victory for justice, but for the narrative.

What's at stake: men's freedom

The Rubiales case is just the tip of the iceberg. If an unconsented kiss leads to prison, any man can be reported for a misunderstood gesture. The "Solo sí es sí" law doesn't differentiate between a peck and rape, keeping half the country on edge. Rubiales' potential fine isn't the problem; the precedent is. A conviction opens the door for any woman to report any man for a kiss they initially accepted. In a country where half the population is male, this is a ticking time bomb.

The conclusion is bitter: in Spain, a kiss can cost you your freedom. Meanwhile, those who applauded Rubiales are also in the crosshairs. The witch hunt has only just begun.