Ex-Barcelona defender Alves guilty of nightclub rape

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A court in Spain has convicted former Barcelona and Brazil footballer Dani Alves of sexually assaulting a woman in a nightclub in Barcelona.

He has received a prison sentence of four and a half years.

The 40-year-old, one of the most decorated footballers in history, had denied the allegations of sexual assault against the woman in the early hours of December 31, 2022.

His legal representative requested his acquittal and stated intention to appeal the verdict.

A lawyer for the victim welcomed the verdict, saying that it “recognises what we have always known: the truth [as told] by the victim and the suffering there has been”.

In addition to imposing a four-and-a-half-year prison term on Alves, the court mandated an additional five years of probation.

The prosecution had sought a nine-year imprisonment. In Spain, allegations of rape fall under the broader charge of sexual assault, with convictions carrying prison sentences ranging from four to 15 years.

According to Spanish media reports, the court took into consideration Alves’s decision to compensate the victim with €150,000 (£128,500) in damages, regardless of the trial’s outcome, when determining the length of his imprisonment.

However, the court rejected the argument presented by his legal team that his intoxicated state warranted a more lenient sentence.

Alves’s wife, Joana Sanz, 31, testified that he appeared heavily intoxicated upon returning home to Barcelona on the night of the assault, stumbling into furniture before collapsing on the bed. Nonetheless, the court concluded that his alcohol consumption did not excuse his actions.

Prosecutors alleged that Alves and his friend purchased champagne for three young women before Alves enticed one of them to a VIP area of the nightclub, unbeknownst to her.

They contended that it was at this juncture that he became aggressive, coercing the woman into sexual intercourse despite her repeated pleas to leave.

Alves had maintained she could have left “if she wanted to”. However, the court found that she did not consent.

Recently, Spanish law was amended to emphasize the significance of consent under the “Only Yes is Yes” principle.

In a statement, the court affirmed that there was corroborating evidence besides the victim’s testimony indicating that she had been sexually assaulted.

The court detailed that Alves forcefully grabbed the complainant, causing her to fall to the ground. He proceeded to rape her while restraining her movement, despite her objections and desire to leave.

The victim expressed experiencing “anguish and terror” as a result of the assault, with one of her friends recounting how she cried “uncontrollably” after exiting the bathroom.

Alves has been in custody since January 2023 and has provided varying accounts of events.

Initially, he denied any acquaintance with the accuser, later asserting that they had met in the restroom but nothing inappropriate occurred between them.

He then changed his version of events again, saying that they had had consensual sex. “We were both enjoying ourselves,” he alleged.

Alves made over 400 appearances for Barcelona, securing six league titles and three Champions League trophies during two stints with the club. Additionally, he represented Brazil in the 2022 World Cup.

His successful career includes winning numerous trophies with Sevilla, Juventus, and PSG. Moreover, he holds a distinguished record as one of Brazil’s most capped internationals, boasting 126 appearances for his national team.