The High Court of Justice of Catalonia has acquitted former Brazil and FC Barcelona footballer Dani Alves of sexual assault charges
This is after the Spanish court overturned his previous conviction and four-and-a-half-year prison sentence.
Alves, 41, had been accused of raping a woman in a Barcelona nightclub bathroom in December 2022.
The initial trial resulted in a conviction based largely on the victim’s testimony, supplemented by forensic evidence.
Alves maintained that the encounter was consensual.
However, the appellate court found significant inconsistencies and contradictions in the victim’s account.
The panel highlighted that her testimony lacked reliability and did not align with available video evidence.
Consequently, the court ruled that the presumption of innocence should prevail, leading to Alves’ acquittal.
Throughout the proceedings, Alves’ legal team emphasized the absence of definitive proof to substantiate the allegations.
They pointed to video footage from the nightclub’s security cameras, which depicted the woman engaging in provocative dancing with Alves, suggesting mutual interest.
Additionally, forensic experts disputed claims of post-traumatic stress in the alleged victim, further challenging the prosecution’s narrative.
The case has drawn significant attention, not only because of Alves’ high-profile status but also due to its timing amid Spain’s recent legal reforms emphasizing explicit consent in sexual assault cases.
The 2022 legislation, known as the “only yes means yes” law, defines consent as an explicit expression of a person’s will, clarifying that silence or passivity do not equate to consent.
This law was enacted following widespread protests sparked by a high-profile gang-rape case during the 2016 San Fermin festival in Pamplona.
In response to the acquittal, Spain’s Deputy Prime Minister, Yolanda Díaz, expressed hope that the verdict would serve as a measure against sexist behaviors affecting women across various aspects of life.
Dani Alves, whose illustrious career includes stints with top clubs like FC Barcelona, Juventus, and Paris Saint-Germain, as well as multiple international honors with Brazil, has faced a tumultuous period since his arrest in January 2023.
His contract with Mexican club Pumas was terminated following his detention.
