Dani Alves, the former football player for Barcelona and Brazil, was found guilty of raping a woman in a Barcelona nightclub in December 2022 and received a four-year and six-month term.READ FULL ARTICLE
According to a published statement from the Audiencia Nacional in Barcelona, the victim did not give her consent to have sex with Alves, and the victim's statement along with the evidence that was provided to the court showed that she had been raped.
Alves denied any misconduct, and his attorney, Inés Guardiola, announced that they would file an appeal.
The victim's legal team requested a 12-year term, while the prosecution had requested a nine-year sentence. Alves's sentence is just over the mandatory four years, and as he has already served out 25% of it while on remand, he may soon be released on parole.
In addition to offering to pay €150,000 in compensation, the 40-year-old was forced to pay €9,000 (£7,700) for the physical harm he caused to the victim.
The court viewed this as an attenuating circumstance when imposing his punishment.
In addition to a restraining order that prevents him from contacting the victim for nine years and six months, he will be subject to legal monitoring for an additional five years.
The decision points to a departure from the "victimization of the victim," which up until now has placed the onus of proving consent—or lack thereof—on the victim.
According to a 2022 law, "proof of the existence of sexual aggression is not dependent on the victim putting up a heroic opposition to having sexual relations" or on bodily damage.
Yolanda DÃaz, the vice president of Spain, expressed her hope that the punishment would serve as an example.
This has to stop in our nation; enough of the sexual assault and machismo that women face everywhere we go," the woman declared.
The minister for equality in Catalonia, TÃ nia Verge, called the Alves case "a milestone."
It demonstrates how important it is for nightclubs to have policies against sexual assault and to train staff on how to react quickly," the speaker stated.
It demonstrates that trials can go on with victims receiving complete protection and with sexual consent at their core.
Furthermore, it proves that impunity is no longer an option, despite the offenders' attempts to disparage the victims and their wealth, notoriety, or influence.
On December 30, 2022, Alves came across the woman in the Sutton nightclub's VIP area in Barcelona.
He bought her and her pals drinks and then invited her to join him in the only part of the club without cameras—the restroom.
The victim claimed that after entering, he raped her after demanding oral sex and she refused. Alves first denied ever meeting the woman, but after seeing forensic and video evidence, he repeatedly altered his account.
Alves played 126 times for Brazil, including three World Cups, and won numerous championships with teams like Sevilla, Barcelona, Juventus, and Paris Saint-Germain. He earned an Olympic gold medal and two Copa Américas for Brazil.
The defender lived close to the city when playing for Barcelona from 2008 to 2016, and he briefly returned in 2022. When Alves was caught, he was a member of the Mexican team Pumas, and his contract was promptly cancelled.