The Supreme Court in Spain’s Catalonia region has reversed the rape conviction of Brazilian soccer player Dani Alves, citing inconsistencies and contradictions in the case against him.
The 41-year-old defender was sentenced to four-and-a-half years in prison after being convicted last year for raping a woman in the restroom of a Barcelona nightclub in 2022.
“Dani Alves is very happy. He is innocent, and that has been demonstrated. Justice has spoken,” said Ines Guardiola, the lawyer representing the former Barcelona, PSG, and Juventus player, during an interview with RAC1 radio.
This case has captured the attention of Spain, where women’s rights have become a crucial national issue, particularly in the sports sector following the scandal involving former soccer chief Luis Rubiales, who faced backlash for kissing national team player Jenni Hermoso without her consent in 2023.
“The deficiencies in the evidence lead to the conclusion that the necessary standard for the presumption of innocence has not been satisfied,” the court stated, highlighting “a series of gaps, inaccuracies, inconsistencies, and contradictions related to the facts, legal evaluation, and its consequences.”
The attorney for the accuser, Ester Garcia, announced she would file an appeal to Spain’s Supreme Court, a process that could take up to a year to conclude. She expressed that the media attention surrounding the case has made this experience emotionally draining for her client.
The regional prosecutor’s office has opted not to comment on the court’s ruling.
Alves had previously been released on a €1 million bail while awaiting the appeal. With the court’s decision to lift a travel ban, restraining order, and compensation payment, he is now free to leave Spain.
The court concluded that the alleged victim’s claim of entering the restroom with Alves out of fear his friends might follow them did not appear credible, asserting that she instead “voluntarily went to the bathroom area for the purpose of being with the defendant in a more intimate setting.”
It also noted that CCTV footage could not determine whether she had consented to the interaction that followed.
Reactions
While some in Spain believe the judges should be trusted, others have expressed concerns about the implications of the ruling for women reporting assaults by powerful men.
Justice Minister Felix Bolanos remarked that the ruling must be respected and that he cannot independently evaluate facts already reviewed by the judges. However, he emphasized, “Spanish society no longer tolerates sexist vexatious behavior, and women are becoming less afraid to report it.”
In contrast, Deputy Prime Minister Yolanda Diaz voiced her support for Alves’ accuser, whose identity remains undisclosed.
“I extend all my support to the victim. I am worried about the re-victimization of someone who is already suffering greatly.”
“Justice must align with women to ensure certainty and safety,” added Irene Montero, who served as Spain’s equality minister at the time of Alves’ initial indictment, criticizing the ruling as “patriarchal justice.”
“Only ‘yes’ means ‘yes’,” she asserted, referring to the legal reform she led that established the absence of consent as a key factor in determining sexual offenses.
