Judge Francisco de Jorge of the National Court admitted a complaint against Rubiales filed by Spanish prosecutors last week regarding alleged “crimes of sexual assault and “coercion”.
Under a recent reform of the Spanish penal code, a non-consensual kiss can be considered sexual assault, a criminal category that groups together all types of sexual violence.
Rubiales stepped down as the Spanish football federation’s president on Sunday but continued to defend himself over the kiss.
Spanish midfielder Jenni Hermoso looks on after being honoured for her World Cup title before the women’s Mexican football league match against Pumas at the Hidalgo stadium in Pachuca, Hidalgo State, Mexico, on September 10, 2023.
Hermoso, 33, who plays for Mexican club Pachuca, has said the unwanted kiss left her feeling “vulnerable and like the victim of an assault.
She also accused Rubiales of pressuring her to speak out in his defence immediately after the furore over the kiss erupted, which prosecutors said could be considered a crime of coercion.