dani alves rape conviction overturned on attraction
BARCELONA, Spain — Former Barcelona participant Dani Alves received his attraction in opposition to a sexual assault conviction as a Spanish court docket overturned the ruling Friday.
Alves was in December 2022 and sentenced to 4 years, six months in jail. The previous Brazil and Barcelona defender denied wrongdoing through the three-day trial.
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That court docket dominated Friday that there was “inadequate proof” to rule out Alves’ presumption of innocence.
“Dani Alves is harmless, and that has been confirmed,” his protection lawyer Inés Guardiola advised Catalan radio RAC1. “Justice has lastly been served.”
Brazilian soccer star Dani Alves, proper, leaves Brians 2 penitentiary heart in Sant Esteve Sesrovires, close to Barcelona. AP
The Alves trial was the primary high-profile case since Spain overhauled its legal guidelines in 2022 to make consent central to defining a intercourse crime in response to an upswell of protests after a gang-rape case through the San Fermin bull-running competition in Pamplona in 2016.
The laws popularly referred to as the “solely sure means sure” legislation defines consent as an express expression of an individual’s will, making it clear that silence or passivity don’t equal consent.
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However the 4 judges of a Barcelona-based appeals court docket dominated unanimously to overturn the conviction after reviewing the proof and testimonies given to the decrease court docket. Of their ruling, they wrote that the testimony of the plaintiff “differed notably” from proof of video footage taken earlier than the girl and Alves entered the toilet the place she stated he compelled her to have intercourse with out her consent.
Earlier than final 12 months’s trial, the alleged sufferer advised state prosecutors that she had danced with Alves on the nightclub and willingly entered the toilet, however that later when she needed to depart he wouldn’t let her. She stated he slapped her, insulted her and .
Barcelona’s Brazilian defender Dani Alves controls the ball through the UEFA Champions League remaining soccer match FC Barcelona vs. Manchester United, on Could 28, 2011. AFP/Getty Pictures
Alves denied these accusations on the three-day trial.
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“She by no means advised me to cease. We had been each having fun with ourselves,” Alves stated, whereas repeating that the girl by no means requested to depart or made any indication that she didn’t wish to have intercourse with him. He additionally denied having slapped or insulted her.
Alves, now 41, was stored in jail from Jan. 20, 2023 till March 2024 till he was launched after paying 1 million euros (then $1.2 million) for bail whereas awaiting his attraction. He additionally handed over his passports, with prosecutors having argued in opposition to releasing him on bail due to a potential flight danger.
Former Brazil worldwide soccer participant Dani Alves (R) leaves on provisional launch, flanked by his lawyer Ines Guardiola, at Brians 2 jail in San Esteban Sasroviras, close to Barcelona, on March 25, 2024. AFP through Getty Pictures
Prosecutors needed his jail sentence elevated to 9 years whereas the sufferer’s lawyer needed him to remain behind bars for 12 years.
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This resolution may very well be appealed to the Spanish supreme court docket in Madrid.
Alves was one of the crucial profitable gamers of his era and received dozens of titles with elite golf equipment together with Barcelona, Juventus and Paris Saint-Germain. He additionally helped Brazil win two Copa Americas and an Olympic gold medal at age 38. He performed at his third World Cup, the one main title he hasn’t received, in 2022. He performed for Barcelona from 2008-16, serving to the crew win three Champions Leagues and 6 Spanish leagues, and briefly rejoined the membership in 2022. He nonetheless has a residence close to town.
He was with Mexican membership Pumas when he was arrested. Pumas terminated his contract instantly.