In Spanish sport, there is currently a case generating controversy and headlines beyond the sporting arena: Rafa Mir, a footballer for Elche CF —a First Division club— has been indicted for alleged sexual assaults. This situation is a reminder that we are all equal before the law and reopens a key debate around a public figure who represents more than just himself. In light of this, what can and should a professional contract provide to protect the sports club he represents, the league in which he competes, and the federation to which he belongs—without undermining the presumption of innocence? In other words, what should Elche CF, LaLiga, and the Royal Spanish Football Federation do in such a delicate situation in which their names are being tarnished?

While those bodies weigh disciplinary and communications actions knowing that the criminal process is ongoing, the central issue is not the judicial outcome (which does not depend on them) but whether a preventive framework should exist to act as a protocol in similar cases. Should there be a statute or standard clauses that allow proportionate measures (suspension, reassignment, limits on activity) while the investigation is underway, while also safeguarding the rights of both the player and the employer?

Legal framework and presumption of innocence in sport

The right to the presumption of innocence and to honor coexists with the need to manage the club’s reputational and operational risk. The current court-ordered precautionary measures—passport seizure, restraining orders—can affect the player’s availability, which compels the activation of internal protocols to reconcile legal compliance with the competition calendar.

In the labor sphere, the Workers’ Statute allows dismissal for serious offenses or loss of trust, but it requires proven facts. Case law stresses proportionality and veracity: suspicions are not enough, and any sanction must be rigorously documented and justified, avoiding violations of equality or the presumption of innocence. Right now, the Spanish courts see indications that go beyond mere suspicions that sexual assault did occur.

Conduct clauses and internal protocols

As Gonzalo Jiménez (Partner in the Sports Law Department at Martínez Echevarría Abogados) notes in an article in Iusport, sports contracts could include specific conduct clauses and graduated protocols: from temporary suspension with or without duties (with clear provisions on pay) to conditional reinstatement, along with image-related measures and mandatory training. The goal is to provide legal certainty to all parties in serious situations that are still sub judice.

Clubs, leagues, and federations can harmonize a “minimum standard”: model clauses, ad hoc committees for provisional measures, evidentiary thresholds (for example, the opening of oral proceedings or breaches of precautionary measures), and communication roadmaps to reduce trial by media and protect both potential victims and the person under investigation.

Role of agents and reputational coverage

The player’s agency and advisors (criminal, labor, and communications) form the “defense circle”: legal coordination, compliance with precautionary measures, relations with the club, and adherence to protocols. Civil liability policies and image-protection insurance can mitigate economic impacts without prejudging the merits.

The legal professionalization of the ecosystem—clubs, leagues, federations, and agents—requires anticipating these scenarios: contract audits, crisis manuals, confidential channels, and mandatory training in coexistence, equality, and prevention. In Spain alone, in recent years, football has been linked to alleged sexual assault through Rafa Mir, Sergi Enrich, Antonio Luna, Dani Alves, Santi Mina, Luis Rubiales, Asencio, or Rubén Castro. Each for different reasons has made the news by having their names associated with inappropriate conduct. Given how frequent these regrettable episodes are, perhaps it is time to establish a clear, exemplary protocol for society, even if fitting it within the presumption of innocence seems difficult.