Dani Alves’ Conviction Overturned: A Deep Dive into the Case and Its Implications
In a dramatic turn of events, Brazilian soccer star Dani Alves has won his appeal against a sexual assault conviction. A Spanish court overturned the ruling on Friday, bringing an end to a legal saga that has lasted over three years. This case saw the former Barcelona defender spend 14 months behind bars.
To recap, Alves was initially found guilty in February 2024 of raping a woman in a nightclub back in December 2022. He was sentenced to 4½ years in prison. Throughout the three-day trial, Alves consistently denied any wrongdoing.
The court’s decision on Friday was based on the finding of “insufficient evidence” to dismiss Alves’ presumption of innocence. “Dani Alves is innocent, and that has been proven,” his defense lawyer Inés Guardiola told Catalan radio RAC1. “Justice has finally been served.”
As of now, the plaintiff’s lawyer has not responded to requests for comment from The Associated Press.
The Legal Landscape: Spain’s “Only Yes Means Yes” Law
This case is particularly significant as it was the first high-profile trial since Spain revamped its laws in 2022 to make consent a central element in defining a sex crime. This legislative change was a response to widespread protests following a gang rape case during the San Fermin bull running festival in Pamplona in 2016.
The legislation, popularly known as the “only yes means yes” law, defines consent as an explicit expression of a person’s will. It makes it clear that silence or passivity do not equate to consent.
Despite this, the four judges of a Barcelona-based appeals court unanimously decided to overturn Alves’ conviction. They reviewed the evidence and testimonies presented to the lower court and concluded that the plaintiff’s testimony “differed notably” from video footage evidence taken before the woman and Alves entered the bathroom where she alleged the assault occurred.
Inside the Courtroom: Conflicting Testimonies
Before last year’s trial, the woman had informed state prosecutors that she danced with Alves at the nightclub and willingly entered the bathroom. However, she claimed that when she wanted to leave, Alves would not let her. She alleged that he slapped her, insulted her, and forced her to have sex against her will.
Alves, on the other hand, denied these accusations during the trial. “She never told me to stop. We were both enjoying ourselves,” Alves stated, maintaining that the woman never asked to leave or indicated that she did not want to have sex with him. He also denied slapping or insulting her.
The Road Ahead: Potential Appeals and Legal Ramifications
Alves, now 41, was incarcerated from January 20, 2023, to March 2024. He was released after posting a bail of 1 million euros (then $1.2 million) while awaiting his appeal. He also surrendered his passports, as prosecutors argued against his release on bail due to a potential flight risk.
Prosecutors had sought to increase his prison sentence to nine years, while the woman’s lawyer wanted him to remain behind bars for 12 years. This recent decision could still be appealed to the Spanish supreme court in Madrid, leaving the door open for further legal proceedings.
Dani Alves: A Storied Career and Its Impact
Alves is widely regarded as one of the most successful players of his generation, having won numerous titles with elite clubs such as Barcelona, Juventus, and Paris Saint-Germain. At the time of his arrest, he was with Liga MX club Pumas, which terminated his contract immediately following the allegations.
This case has not only impacted Alves’ career but also sparked discussions about the legal system, consent laws, and the challenges faced by both accusers and the accused in high-profile cases. As the legal proceedings continue to unfold, the world will be watching closely to see what happens next.
Originally Written by: Associated Press
