Catalonia court overturns Dani Alves' rape conviction over inconsistencies

The top court in Spain's Catalonia region overturned Brazilian soccer player Dani Alves' rape conviction on Friday, citing inconsistencies and contradictions in the case against him.

The 41-year-old defender had been sentenced to four and a half years in prison last year after being found guilty of raping a woman in the restroom of a Barcelona nightclub in 2022. Following the ruling, Alves’ lawyer, Ines Guardiola, expressed his relief. "Dani Alves is very happy. He is innocent, that is demonstrated. Justice has spoken," she told RAC1 radio.

The case has drawn national attention in Spain, where women's rights remain a sensitive issue, particularly in sports, following the controversy surrounding former soccer chief Luis Rubiales' unwanted kiss of national team player Jenni Hermoso in 2023.

In a unanimous appeal ruling, the four-judge Catalan high court questioned the reliability of the accuser’s testimony, stating that key details could not be objectively verified through video evidence. "Explicitly indicating that what she recounted does not correspond to reality," the court said. It further noted "a series of gaps, inaccuracies, inconsistencies, and contradictions concerning the facts, the legal assessment, and its consequences."

Alves, who had already been released on a €1 million ($1.1 million) bail while awaiting appeal, is now free to leave Spain after the court lifted his travel ban, restraining order, and compensation payment. The ruling concluded that the accuser voluntarily entered the restroom with Alves and that CCTV footage did not provide clear evidence regarding consent.

The decision has sparked mixed reactions in Spain. While some supported the court’s ruling, others raised concerns about its potential impact on women coming forward against powerful men.

Justice minister Felix Bolanos emphasized the need to respect the ruling but reaffirmed Spain’s stance against gender-based violence. "Spanish society no longer tolerates sexist vexatious behaviour and women are losing their fear and denouncing it," he said.

Deputy prime minister Yolanda Diaz voiced her solidarity with the accuser. "All my support to the victim. I'm concerned about the re-victimisation of the victim, who is suffering a lot. Justice needs to walk hand in hand with women and provide certainty and security."

Former equality minister Irene Montero criticized the ruling as "patriarchal justice," adding, "Only yes means yes," in reference to a legal reform she championed that prioritizes the absence of consent in determining sexual offenses.

The accuser’s lawyer, Ester Garcia, announced plans to appeal the decision before Spain’s Supreme Court, a process that could take up to a year.

SportsLigue