Dani Alves Wins Appeal: Spanish Court Overturns Sexual Assault Conviction
In a dramatic turn of events, Brazilian soccer star Dani Alves has successfully appealed his sexual assault conviction, with a Spanish court overturning the ruling on Friday. This decision comes after a lengthy legal battle that spanned more than three years and saw the former Barcelona defender spend 14 months behind bars.
Alves was initially found guilty in February 2024 of raping a woman in a nightclub in December 2022. He was sentenced to 4½ years in prison, a verdict that Alves consistently denied during the three-day trial. The court’s decision on Friday cited “insufficient evidence” to dismiss Alves’ presumption of innocence, marking a significant victory for the defense.
Inés Guardiola, Alves’ defense lawyer, expressed relief and satisfaction with the outcome, telling Catalan radio RAC1, “Dani Alves is innocent, and that has been proven. Justice has finally been served.” Meanwhile, the plaintiff’s lawyer has yet to respond to requests for comment from The Associated Press.
This case has been particularly noteworthy as it was the first high-profile trial since Spain revamped its laws in 2022 to emphasize consent in defining a sex crime. This legislative change, known as the “only yes means yes” law, was a response to widespread protests following a gang rape case during the San Fermin bull running festival in Pamplona in 2016. The law clarifies that consent must be an explicit expression of a person’s will, and that silence or passivity does not equate to consent.
The appeals court in Barcelona, consisting of four judges, unanimously decided to overturn the conviction after a thorough review of the evidence and testimonies presented in the lower court. They noted that the plaintiff’s testimony “differed notably” from video footage evidence taken before the woman and Alves entered the bathroom, where she alleged he forced her to have sex without her consent.
Prior to last year’s trial, the woman had informed state prosecutors that she danced with Alves at the nightclub and entered the bathroom willingly. However, she claimed that when she wanted to leave, Alves prevented her, slapped her, insulted her, and forced her to have sex against her will. Alves, on the other hand, denied these accusations during the trial, stating, “She never told me to stop. We were both enjoying ourselves,” and insisted that the woman never asked to leave or indicated any unwillingness to engage in sexual activity. He also denied slapping or insulting her.
Alves, now 41, was incarcerated from January 20, 2023, to March 2024, before being released on bail after paying 1 million euros (then $1.2 million). He also surrendered his passports, as prosecutors argued against his release due to a potential flight risk. Prosecutors had sought to increase his prison sentence to nine years, while the woman’s lawyer advocated for a 12-year sentence.
There remains a possibility for this decision to be appealed to the Spanish supreme court in Madrid, leaving the door open for further legal proceedings.
Alves is widely regarded as one of the most successful players of his generation, having won numerous titles with top-tier clubs such as Barcelona, Juventus, and Paris Saint-Germain. At the time of his arrest, he was playing for Liga MX club Pumas, which promptly terminated his contract following the arrest.
- The case highlights the complexities of legal proceedings in sexual assault cases, especially under new consent laws.
- Alves’ career achievements contrast sharply with the legal challenges he has faced.
- The potential for further appeals means the legal saga may not be over yet.
Originally Written by: Associated Press
