A Spanish appeals court docket overturned former Brazil worldwide Dani Alves’ rape conviction Friday, citing inadequate proof.
Alves, 41, was sentenced to four-and-a-half years in jail in February 2023 for raping a younger lady in a VIP rest room at a Barcelona nightclub on December 31, 2022.
The former Barcelona star, who received three Champions League titles with the membership, was launched from jail final March after posting a 1 million euro ($1.1 million) bail set by the court docket.
In its ruling, the appeals court docket said that each one 4 judges “unanimously” accepted Alves’ enchantment and annulled the conviction.
The court docket pointed to “gaps, inaccuracies, inconsistencies, and contradictions” within the trial, notably relating to the information, authorized evaluation, and its penalties.
Alves’ accuser was described as an “unreliable complainant” as a result of her testimony “differed notably” from video footage taken earlier than she and Alves entered the lavatory the place she alleged the participant compelled her to have intercourse with out her consent.
As a consequence, the court docket concluded there was “insufficient evidence” to show Alves was responsible.
During the trial, the girl, who testified behind a display screen to guard her identification, stated Alves had violently compelled her into the lavatory to have intercourse regardless of her pleading with him to let her go, inflicting her “anguish and terror,” in line with prosecutors.
Alves testified that his sexual encounter with the girl was consensual and denied hitting her or grabbing her hair.
“I am not that type of man, I am not violent,” he informed the court docket after his protection lawyer requested if he had compelled her to have intercourse.
“If she wanted to leave, she could have left, she was not obliged to be there,” he added.
His legal professionals argued throughout the trial that the sufferer had been “glued” to the participant whereas dancing on the nightclub.
‘Very pleased’
Alves initially denied understanding his accuser in a TV interview however later acknowledged having intercourse together with her after CCTV footage emerged exhibiting the pair coming into the nightclub’s toilet.
He informed La Vanguardia newspaper he had lied as a result of he was afraid his spouse would depart him.
The appeals court docket additionally lifted all restrictions on Alves, together with a journey ban and restraining order, and dropped a 150,000-euro compensation declare towards his accuser.
“Alves is very happy. He is innocent, and that is demonstrated. Justice has spoken,” his lawyer, Inés Guardiola, informed RAC1 radio.
However, former equality minister Irene Montero, who drafted a tricky new regulation towards sexual offenses that got here into impact in 2023, known as the ruling a “clear example” of “patriarchal justice that does not protect women and maintains the culture of impunity for aggressors.”
The appeals court docket ruling can nonetheless be appealed to the Supreme Court.
Alves was a pivotal a part of an all-conquering Barcelona staff, topped La Liga champions six instances, and received 126 caps for Brazil, claiming the Copa América twice.
He additionally received European league titles with Italian giants Juventus and French outfit Paris Saint-Germain.
At the time of his arrest, Alves was contracted to Mexican membership Pumas UNAM however was sacked shortly afterward.
Brazil’s leftist President Luiz Inacio Lula da Silva criticized the court docket’s choice to grant Alves bail, saying that cash “cannot undo the crime that a man commits by raping a woman.”
Source: www.dailysabah.com