“Football is also ours, that means history will be made, and that would make us very happy”. These are words of Irene Paredes, captain of the Spanish Women’s National Football Team, and with the teams win against England in the 2023 FIFA Women’s World Cup, Paredes was proven right. However, celebrations were cut short during the country’s historic win when Spanish soccer federation president Luis Rubiales non-consensually kissed player Jenni Hermoso on the lips.
The criticism placed on Luis Rubiales is neither unprecedented nor surprising. Throughout the tournament, Rubiales’s inappropriate behaviour was evident, from grabbing his crotch before thousands of fans, joking about marrying Hermoso whilst in the Women’s changing rooms and throwing player Athenea del Castillo, over his shoulder and parading her around the pitch. Rubiales has also been under fire for supporting team coach Jorge Vilda, who was publicly criticised in 2022 for his emotionally abusive, authoritarian coaching style, which included homophobia and Vilda monitoring the locations of his players.
As a result, eighty-one players eligible for the National Spanish women’s team have signed a letter declaring that they will not play for Spain until the current leadership is replaced. Many officials in the Spanish Football Federation have now called on the suspension of President Luis Rubiales. An overhaul in the federation’s management has also been called for.
In addition to suspension, Rubiales may be looking at criminal charges, with prosecutors at Spain’s top criminal court confirming that a preliminary investigation is underway on the grounds of sexual assault. Despite these claims, Rubiales maintains his position of innocence, stating that the kiss was “spontaneous, mutual, euphoric and consensual”.
Australia's Consent Laws
This scenario, which has garnered international attention on the meaning of consent, allows Australians to reflect on the definitions of consent in our own country and laws. In New South Wales, the Crimes Act 1900 (NSW) hopes to provide clarity on this matter and protect people from sexual exploitation and abuse. Accordingly, Section 61HF recognises the following:
(a) every person has a right to choose whether or not to participate in a sexual activity,
(b) consent to a sexual activity is not to be presumed,
(c) consensual sexual activity involves ongoing and mutual communication, decision-making and free and voluntary agreement between the persons participating in the sexual activity.
Similarly, section 61HJ (1) confirms that a person does not consent to a sexual activity if the person does not say or do anything to communicate consent. As such, Swinburne law lecturer and executive director of Rape and sexual Assault Research and Advocacy, Dr Rachael Burgin, confirms that assuming consent on the basis that a person does not say ‘no’ is not valid.
Overall, it is unfortunate that the accomplishments of the Spanish women have been overshadowed due to a disregard of the players free and voluntary right to engage in sexual activity. Whilst Captain Paredes was right, that attitudes towards women in football are changing, the behaviours and attitudes of those in the background have a long way to go.
If you or someone you know has faced sexual abuse, please contact NSW Sexual Violence Helpline on 1800 424 017 or 1800RESPECT on 1800 737 73.
Should you wish to discuss this matter further, please do not hesitate to contact our offices on (02) 8917 8700.