- Written by Vanessa Buschluter
- BBC News
Dani Alves was first arrested in January 2023 and has been in pre-trial detention since then.
A Spanish court has found former Barcelona and Brazil soccer player Dani Alves guilty of raping a woman in a Barcelona nightclub.
He was sentenced to four and a half years in prison.
The 40-year-old, one of the most decorated footballers of all time, denied sexually assaulting the woman in the early hours of December 31, 2022.
His lawyer asked for a not guilty verdict and said he would appeal the verdict.
The victim's lawyer welcomed the verdict, saying it “recognizes what we have always known: the truth.” [as told] By the victims and their suffering. ”
The court sentenced Alves to four-and-a-half years in prison, with an additional five years suspended.
Prosecutors had asked for a nine-year prison sentence. In Spain, rape allegations are investigated under a general charge of sexual assault, which can result in prison terms of between four and 15 years if convicted.
Spanish media said the court took into account Alves' decision to pay 150,000 euros (approximately £128,500) in damages to his victims regardless of the outcome of the trial when determining his prison term.
However, the court did not accept his lawyers' argument that he should have been given a more lenient sentence because he was intoxicated.
His wife Joana Sanz, 31, said that when he returned to his home in Barcelona on the night of the rape, he appeared extremely drunk and crashed into furniture before collapsing onto the bed.
However, the court argued that his drinking had no effect on his behavior.
Prosecutors said Alves and her friend bought champagne for three young women and lured one of them to the nightclub's VIP area, where the toilets were located, without her knowledge.
They alleged that at this point he became violent and forced the woman to perform sex acts despite her repeated requests to leave.
Alves claimed she could have left “if she wanted.” However, the court found that she did not consent.
Spanish law has recently changed to base the importance of consent on the so-called “yes only yes” principle.
The court said in a statement that there is evidence beyond the victim's testimony to prove that she was raped.
It said Alves “suddenly grabbed the complainant” and threw him to the ground. She added that the man then raped her while blocking her movement because “her accuser said no and wanted to leave.”
The woman said the rape caused her “pain and fear” and one of her friends who was with her that night told how the 23-year-old was crying “uncontrollably” after she left the toilet.
Alves has been in pre-trial detention since January 2023 and has repeatedly changed his testimony.
He initially denied knowing his accuser, but later claimed that he met her in the bathroom but nothing happened between them.
He then changed his interpretation of events again, saying they had consensual sex. “We both had fun,” he claimed.
Alves played more than 400 games for Barcelona, winning six league titles and three Champions League titles in his two years with Barcelona. He was also part of Brazil's 2022 World Cup squad.
He has won trophies with Sevilla, Juventus and PSG and, with 126 appearances, is one of the most capped Brazilian players.
