A Spanish national court has opened a preliminary investigation into the country’s football federation (RFEF) president, Luis Rubiales, over the kissing of football Jennifer Hermoso on the lips. 

The court said it had opened an investigation, considering the “unequivocal nature” of Hermoso’s statements, it was necessary “to determine their legal significance.”

“Given the public statements made by Jennifer Hermoso, the sexual act she was subjected to by (Luis) Rubiales was not consensual,” the court said, according to documents, stating the player will be contacted within the next 15 days about her rights to file a complaint.

The move came less than a day after the Spanish football association announced it activated its ‘sexual violence protocol’ into Rubiales’ conduct at the final of the 2023 FIFA Women’s World Cup in Australia last week. 

“In order to proceed with a case for sexual assault, harassment or sexual abuse, it will be necessary for the injured party or their legal representative to file suit, or the public prosecutors’ office,” the statement added.

The 46-year-old has since refused to step down from his position despite pressure from the public and some high-profile football figures. 

However, the former footballer has been provisionally banned by FIFA from all football-related activities for three months.

Earlier on Monday, the European football governing body UEFA rejected a request from the RFEF to have itself suspended, which would mean all Spanish teams would be excluded from European competitions.