In a dramatic turn of events in Barcelona, Spanish courts have overturned the conviction of Brazilian soccer star Dani Alves for sexual assault. This decision concludes a legal battle that spanned over three years, following an allegation that resulted in the former Barcelona defender spending 14 months imprisoned. The initial conviction in February 2024 declared Alves guilty of raping a woman at a nightclub in December 2022, sentencing him to over four years in prison. However, during the trial, Alves steadfastly maintained his innocence.
After careful reassessment, the court found there was inadequate evidence to dispel the presumption of Alves’ innocence. “Dani Alves is innocent, and that has been proven,” declared his lawyer, Inés Guardiola, in an interview with Catalan radio station RAC1. Though efforts to reach the plaintiff’s legal representative for comments proved unsuccessful, the ruling has been met with widespread attention.
This trial is notable as it was one of the first significant cases heard under Spain’s revised sexual consent laws. The legislation, colloquially referred to as the “only yes means yes” law, emphasizes consent as an explicit expression of will, underlining that neither silence nor passivity can imply consent. Despite the new legal framework, the Barcelona-based appeals court unanimously overturned the conviction, pointing out inconsistencies in the plaintiff’s account compared to video evidence recorded before the two individuals entered an area where the alleged assault occurred.
The alleged victim had initially detailed how she engaged in dancing with Alves before voluntarily accompanying him to a bathroom, where she claimed that he became violent and non-consensual. Alves, in his testimony, refuted these claims, stating that the interaction was consensual, with no indications expressed by the woman to suggest otherwise.
Prior to his release on bail in March 2024, Alves had been detained since January 2023. His release required a substantial bail payment of 1 million euros, in addition to surrendering his passports due to concerns regarding potential flight risk. The prosecution had previously sought to extend Alves’ prison term, advocating for a nine-year sentence, while the plaintiff’s attorney pushed for an even lengthier 12-year term. Despite these calls for a harsher penalty, the decision might now proceed to Spain’s supreme court for further examination.
Dani Alves enjoys a storied career in the soccer world, earning numerous accolades with top-flight clubs such as Barcelona, Juventus, and Paris Saint-Germain. He has been instrumental in Brazil’s international successes, contributing to their Copa Americas victories and bringing home an Olympic gold medal. Alves previously had an illustrious stint with Barcelona from 2008 to 2016 and briefly rejoined the Catalan giants in 2022. At the time of his arrest, Alves was under contract with the Mexican club Pumas, a partnership promptly ended following his legal troubles.
As the case’s potential escalation to the Spanish supreme court looms, the recent ruling has undoubtedly marked a significant moment in the ongoing dialogue regarding sexual consent and justice within the sporting community.