Dani Alves Acquitted of Rape by Catalan High Court
Former Barcelona and Brazil footballer Dani Alves has been acquitted of rape by the Catalan High Court following an appeal that overturned his initial conviction. The original ruling had sentenced Alves to four and a half years in prison, but the court has now deemed the evidence insufficient to uphold the conviction.
The alleged incident took place at Sutton nightclub in Barcelona on New Year's Eve in 2022. Alves was convicted in February 2024 but consistently maintained that the sexual encounter was consensual, denying any wrongdoing. He was released on bail in March 2024 after posting €1 million and surrendering his passports, under the condition that he remain in Spain and report weekly.
In a 101-page ruling, the Appeals Section of the Catalan High Court unanimously found that the original judgment contained "gaps, inaccuracies, inconsistencies, and contradictions." The court emphasized that the presumption of innocence had not been properly surpassed, highlighting video evidence that contradicted the complainant’s version of events. Additionally, the complainant’s testimony was found to be unreliable, particularly in instances where it conflicted with DNA results and security footage.
This case has played a prominent role in discussions surrounding Spain’s 2022 legal reform known as the “Only Yes Means Yes” law, which redefined sexual assault by centering prosecution on explicit consent. The law was enacted following widespread public concern over previous controversial rulings in sex crime cases. Despite this legal framework, the judges in Alves' appeal determined that the complainant’s account did not meet the required threshold of objective credibility necessary for conviction under the revised law.
Since his release from prison, Alves has made limited public appearances. He was seen on a football pitch and ordering take-out burgers on his first night of freedom. At the time of his arrest, he had been playing for the Mexican club Pumas, which immediately terminated his contract.
Alves, who has had a distinguished football career playing for Barcelona, Juventus, PSG, and the Brazil national team, has won two Copa Americas, an Olympic gold medal, and participated in three World Cups. With his acquittal, all previous precautionary measures against him, including the travel ban, have been lifted. The ruling marks a significant moment in Spain’s legal landscape, reflecting the complexities and challenges in the application of reformed consent laws.
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