Opinion
Should footballers facing serious criminal charges be allowed to play at the World Cup? One might expect the answer to be no. But various countries and sporting codes apply different rules. What has been clear, however, is the public’s response to the sight of an alleged rapist on the field.
Last year, four days after he left English Premier League club Arsenal, Ghana’s Thomas Partey was charged with five counts of rape and one of sexual assault. In February this year, as a Villarreal player in Spain, he was charged with two new counts of rape. The 33-year-old denies the charges, which are based on the testimonies of four women about separate alleged attacks in London.
The charges have not stopped him from being selected to represent his country at the World Cup. But his presence at the 2026 tournament – and that of another alleged rapist, Morocco skipper Achraf Hakimi – has fuelled the international discourse around an uncomfortable situation.
Last week, the lead-up to Ghana’s scoreless draw with England was flooded with speculation about whether any of England’s players would shake Partey’s hand before kick-off, or if they would forgo the traditional pre-match ritual to make a public point.
Only one England player appeared to choose the latter: the viral video showing Tottenham defender Djed Spence withdrawing his hand as Partey passed him in the line-up placed Spence at the centre of a binary and inflammatory debate that has been bubbling for years. Also doing the rounds with accompanying comment were photos of captain Harry Kane offering his hand before kick-off, and of Declan Rice warmly embracing his former Arsenal teammate at full-time.
There is a valid argument that none of these England players should have faced such intense scrutiny in the first place. They – and others contesting the 2026 tournament – have been placed in an impossible situation that could have been avoided had FIFA implemented a widely accepted framework for dealing with players facing serious criminal charges.
Partey is not the only World Cup participant accused of rape. Japan midfielder Kaishu Sano was arrested for gang rape in 2024, when it was alleged that he and two friends sexually assaulted a female companion. The charges were dropped after a reported settlement involving an apology to the complainant and a sum of money. Sano later issued a statement saying: “I am truly sorry for causing trouble to so many people with my actions.”
Just a week ago it was confirmed Morocco’s captain, Achraf Hakimi, will stand trial in France for the alleged rape of a woman in 2023, which he denies, after losing a bid to have the case thrown out. Hakimi, who plays for French giants Paris Saint-Germain, wrote on social media platform X that he had been “waiting for this trial since day one”.
Had Partey been an NRL player, he would have been subject to the Australian Rugby League Commission’s no-fault stand-down policy and automatically suspended once he was formally charged. That suspension would not have been a judgment on his innocence or guilt, and he would still be permitted to train with his team and entitled to his full contract remuneration.
Similarly, had Partey been playing in America’s NFL, he would have been placed on paid administrative leave for the duration of an investigation. That league’s personal conduct policy states that this leave would “not reflect a finding of guilt or innocence” but the suspension is enforced to uphold the integrity of, and public confidence in, the NFL.
Football has no such policy in place. Devoid of formal direction, the game has been making it up as it goes.
Manchester City continued to play defender Benjamin Mendy until he was charged with rape and sexual assault in August 2021, at which point the club suspended him without pay until June 2023. Mendy was later cleared of all charges, took City to court and won, and was repaid most of his withheld salary.
Ten years ago, Adam Johnson was allowed to play for Sunderland, almost until the start of his trial on charges of sexual activity with a child and grooming. He pleaded guilty and was sentenced to six years in prison. In July 2021, an unnamed English Premier League player was arrested on suspicion of multiple child sex offences and suspended by his club shortly thereafter, before the case was dropped in April 2023.
Partey was first arrested in July 2022, and later arrested and bailed a number of times. While he could not be named publicly under UK law until he was charged, his identity leaked and was common knowledge among Arsenal fans, many of whom booed and jeered him during games.
Arsenal’s social media channels continued to promote Partey. He was publicly supported by manager Mikel Arteta and was even in discussions to extend his contract, although he did leave the club when his contract expired on June 30, 2025. On July 4, he was formally charged by the Crown Prosecution Service, at which point Arsenal declined to comment, citing legal proceedings and the fact he was no longer on the club’s books. On August 7, he was signed by La Liga club Villareal.
The situation was, and is, tricky. Arsenal had obligations to Partey as an employee with rights under UK law and with the players’ union. A pay suspension and a not-guilty verdict would have left the club financially liable, while also damaging the reputation of an innocent player. Yet, the club faced its own reputational risk inherent in a perceived failure to uphold its moral obligations to alleged victims and to supporters. Arsenal Supporters Against Sexual Violence protested before games and wrote the club an open letter with 9000 signatories.
Unlike the NRL, which operates only in Australia and New Zealand (and, from 2028, PNG), and the NFL, which runs only in North America, football encompasses the vastly differing legal systems, governing bodies, leagues and clubs of 211 countries – the number of FIFA member associations – across six confederations. Still, the standout aspects of both the Partey and Mendy cases is that neither Arsenal nor City opted to stop playing them.
There are no obligations to include any paid player in a starting XI, for any reason deemed in the best interests of a team. This is true around the world, and can be implemented on the basis of presumed innocence, one of the most fundamental principles of justice. Many employers, organisations and governing bodies place individuals on temporary suspension while investigations or court proceedings are ongoing.
FIFA can, and should, formulate a consistently applied standard to cover its global jurisdiction. The world governing body is not shy about promoting itself as a shining example of its four pillars: integrity, respect, inclusion and responsibility. It must weigh up the two competing values at the heart of this issue: the presumption of innocence and the integrity of its sport. The World Cup is the most-watched sporting event on the planet. To participate is a privilege, not a fundamental right.
Of course, this is the point at which FIFA might palm responsibility off to the host countries, as it did when Partey was denied entry into Canada for the World Cup but then granted entry by the US. As it happens, Ghana’s 2-1 loss to Croatia on Sunday, Australian time, means the team’s next game will be played in the US. So Partey can play once again. A draw would have put Ghana’s next game in Toronto, and most likely another rejection at the Canadian border.
Let’s not forget that Partey was waved through by US border forces mere days after they turned away the highly respected Somali referee Omar Abdulkadir Artan. FIFA president Gianni Infantino washed his hands of accountability when asked about Artan’s predicament, declaring: “We are not the kings of the world who can rule over governments and police forces – we are a sports organisation.”
And so continues the cycle of inaction and deflection – and the voids filled by viral content.
Emma Kemps is a senior sports reporter at The Sydney Morning Herald and The Age.
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