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Court clears Dani Alves of rape charges over insufficient evidence

by Agence France-Presse - AFP

MADRID Mar 29, 2025 - 12:27 pm GMT+3
Convicted rapist and former Brazil international football player Dani Alves (R) leaves on provisional release, flanked by his lawyer Ines Guardiola, at Brians 2 prison in San Esteban Sasroviras, Barcelona, Spain, March 25, 2024. (AFP Photo)
Convicted rapist and former Brazil international football player Dani Alves (R) leaves on provisional release, flanked by his lawyer Ines Guardiola, at Brians 2 prison in San Esteban Sasroviras, Barcelona, Spain, March 25, 2024. (AFP Photo)
by Agence France-Presse - AFP Mar 29, 2025 12:27 pm

A Spanish appeals court overturned former Brazil international Dani Alves' rape conviction Friday, citing insufficient evidence.

Alves, 41, was sentenced to four-and-a-half years in prison in February 2023 for raping a young woman in a VIP bathroom at a Barcelona nightclub on December 31, 2022.

The former Barcelona star, who won three Champions League titles with the club, was released from jail last March after posting a 1 million euro ($1.1 million) bail set by the court.

In its ruling, the appeals court stated that all four judges "unanimously" accepted Alves' appeal and annulled the conviction.

The court pointed to "gaps, inaccuracies, inconsistencies, and contradictions" in the trial, particularly regarding the facts, legal assessment, and its consequences.

Alves' accuser was described as an "unreliable complainant" because her testimony "differed notably" from video footage taken before she and Alves entered the bathroom where she alleged the player forced her to have sex without her consent.

As a result, the court concluded there was "insufficient evidence" to prove Alves was guilty.

During the trial, the woman, who testified behind a screen to protect her identity, said Alves had violently forced her into the bathroom to have sex despite her pleading with him to let her go, causing her "anguish and terror," according to prosecutors.

Alves testified that his sexual encounter with the woman was consensual and denied hitting her or grabbing her hair.

"I am not that type of man, I am not violent," he told the court after his defense lawyer asked if he had forced her to have sex.

"If she wanted to leave, she could have left, she was not obliged to be there," he added.

His lawyers argued during the trial that the victim had been "glued" to the player while dancing at the nightclub.

'Very happy'

Alves initially denied knowing his accuser in a TV interview but later acknowledged having sex with her after CCTV footage emerged showing the pair entering the nightclub's lavatory.

He told La Vanguardia newspaper he had lied because he was afraid his wife would leave him.

The appeals court also lifted all restrictions on Alves, including a travel ban and restraining order, and dropped a 150,000-euro compensation claim against his accuser.

"Alves is very happy. He is innocent, and that is demonstrated. Justice has spoken," his lawyer, Inés Guardiola, told RAC1 radio.

However, former equality minister Irene Montero, who drafted a tough new law against sexual offenses that came into effect in 2023, called the ruling a "clear example" of "patriarchal justice that does not protect women and maintains the culture of impunity for aggressors."

The appeals court ruling can still be appealed to the Supreme Court.

Alves was a pivotal part of an all-conquering Barcelona team, crowned La Liga champions six times, and won 126 caps for Brazil, claiming the Copa América twice.

He also won European league titles with Italian giants Juventus and French outfit Paris Saint-Germain.

At the time of his arrest, Alves was contracted to Mexican club Pumas UNAM but was sacked shortly afterward.

Brazil's leftist President Luiz Inacio Lula da Silva criticized the court's decision to grant Alves bail, saying that money "cannot undo the crime that a man commits by raping a woman."

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