Catalonia’s highest court ruled on Thursday that former Brazilian footballer Dani Alves was convicted of sexually assaulting a woman at a Barcelona nightclub in 2022. He has been sentenced to 4½ years in prison and ordered to pay €150,000 ($162,990) to the victim.
“The sentence considers that it has been proven that the victim did not consent and that there is evidence, in addition to the testimony of the plaintiff, to consider the rape proven,” the court said in a statement.
Alves had consistently asserted that the sexual encounter was consensual. His legal representatives stated to the media outside the courthouse that he plans to appeal the verdict. The sentence includes five years of probation upon release and a 9½-year restraining order. Initially, the prosecution sought a nine-year prison sentence.
“We are satisfied as the sentence recognizes what we’ve been saying all along that the victim was telling the truth and that she suffered,” the victim’s lawyer, David Saenz, told reporters, adding that his team would analyze whether the sentence corresponds to the gravity of the crime.
Ines Guardiola, Alves’ lawyer, expressed disagreement with the verdict, stating,
“We are going to appeal. I still believe in Dani Alves’ innocence. We haven’t read the whole sentence yet because it’s very long, but we are going to study it in detail now. We defend [Alves’] innocence.”
Alves, aged 40, was arrested in January 2023 following accusations of sexually assaulting a woman in the bathroom of an upscale Barcelona nightclub in the early hours of December 31, 2022.
Since then, he has remained in preventive pre-trial prison in Spain, with bail requests consistently denied due to being deemed a flight risk.
The trial, which spanned three days earlier this month in a Barcelona court, witnessed Alves altering his account for the fifth time just before proceedings commenced.
Initially denying knowing the accuser, he later admitted to encountering her in the club’s bathroom but claimed nothing occurred. However, when confronted with biological evidence, the former Barcelona and Paris Saint-Germain defender altered his narrative once more, contending that the woman had consensually performed oral sex on him.
In April of last year, subsequent to the findings of additional biological tests, Alves confessed for the first time that he engaged in sexual activity with the woman. He asserted that the encounter was consensual and admitted to fabricating his initial denial, citing a desire to conceal infidelity to his wife.
Prior to the hearing, Alves revealed for the first time that he was intoxicated on the night in question.
Alves responded to his defense lawyer’s inquiry during the trial regarding whether he had coerced the woman into sexual activity. He said,
“I am not that type of man.”
The woman informed state prosecutors that she danced with Alves and willingly accompanied him to the bathroom. However, she alleged that when she expressed a desire to leave later, he refused to let her, slapped her, insulted her, and sexually assaulted her.
Alves refuted these claims.
“We were both enjoying ourselves,” Alves asserted.
He emphasized that the woman never indicated a desire to leave or expressed reluctance toward engaging in sexual activity with him. He also denied accusations of physical assault or verbal abuse.
During the three-day trial, a friend and cousin of the victim testified that she appeared “distraught” after leaving the bathroom. Police officers who attended to her that night also testified, stating that she was visibly shaken, and informed them that she had been sexually assaulted by Alves.
Alves’ friend, who was present with him, stated that the footballer had consumed wine and whiskey before entering the nightclub. In legal terms, intoxication can be considered a mitigating factor by a court, potentially leading to a reduced prison sentence.
According to Alves’ friend, he and the woman displayed a connection while dancing and exhibited “chemistry” before entering the bathroom. He claimed not to have noticed any distress in the woman afterward.
A forensic psychologist who evaluated the woman testified that she exhibited symptoms consistent with post-traumatic stress disorder (PTSD), a conclusion contested by an independent expert called upon by the defense.
Throughout an illustrious career spanning over two decades, Alves achieved remarkable success with renowned clubs such as Barcelona, Juventus, and Paris Saint-Germain. He played a pivotal role in securing major titles for these teams.
Additionally, he contributed significantly to Brazil’s triumphs in two Copa America tournaments and clinched an Olympic gold medal at the age of 38.
Alves participated in his third World Cup in 2022, the only major international title that eluded him. Notably, he represented Barcelona from 2008 to 2016 and briefly reunited with the club for a second stint in 2022 before departing to join Pumas in Mexico. However, his contract with the Mexican club was promptly terminated following his arrest.
