Importance Score: 75 / 100 🔴
Dani Alves Cleared of Rape Charge in Appeal Court Ruling
In a stunning reversal, former Barcelona football star Dani Alves has been acquitted of rape by the Catalan High Court, overturning his previous four-and-a-half-year prison sentence. The ruling follows an appeal against his conviction for the alleged sexual assault of a woman at a Catalan nightclub. This acquittal concludes a high-profile case that has captivated public attention and sparked intense debate about consent and justice within the legal system.
Initial Conviction and Sentencing
Alves was initially found guilty of sexual assault and sentenced in February last year after a three-day trial where three judges delivered the guilty verdict. The prosecution argued vehemently for a harsher punishment, highlighting the severity of the crime and calling for a nine-year imprisonment term. Private prosecutors, representing the complainant, even sought a 12-year jail term, further underscoring the gravity of the allegations.
Appeal and Overturned Verdict
However, in a dramatic turn of events, the Catalan High Court has now overturned the conviction. Judges rejected appeals from both public and private prosecutors, delivering a significant victory for Alves and his legal team. The court ruling, detailed in a comprehensive 101-page document, stated that the ‘presumption of innocence’ standard had not been sufficiently surpassed in the original trial.
Reaction to the Acquittal
Following the announcement of his acquittal, Alves, who had been released on bail since March, expressed his relief through his lawyer, Ines Guardiola. Guardiola conveyed that Alves was “very happy” with the outcome and confidently declared, “Justice has finally been done.” She reiterated her long-held belief in his innocence, stating, “Dani Alves is innocent and this has been shown. We are very happy and very excited.” Guardiola also mentioned she would review the extensive court document to consider potential compensation claims.
Legal Proceedings and Future Steps
Despite this acquittal, the legal saga might not be entirely over. Prosecutors retain the option to lodge a final appeal with Spain’s Supreme Court. While their next steps remain uncertain, legal experts anticipate a potential further challenge to the High Court’s decision. Alves, currently in Barcelona, is expected to regain possession of his Spanish and Brazilian passports, granting him freedom of movement. He has been engaged with his legal counsel, thoroughly reviewing the lengthy court sentence.
Details of the Case and Bail
To secure his release on bail, Alves had previously posted one million euros (£850,000) and surrendered his passports, agreeing to remain in Spain and report to court weekly. During his trial testimony, he maintained his innocence, asserting that the sexual encounter with the then 23-year-old accuser was consensual and that he would never intentionally harm anyone. In contrast, the complainant testified that Alves had forced himself upon her, resorting to violence when she resisted.
Court’s Rationale for Acquittal
In their ruling, the appeal judges questioned the ‘reliability’ of the accuser’s testimony, citing inconsistencies with video evidence and DNA analysis that corroborated a sexual act she had initially denied. The court emphasized the distinction between ‘credibility’ and ‘reliability’, stating that the original trial court had conflated these terms. The judges concluded that the prosecution had not met the necessary legal standards to overcome the presumption of innocence.
The Catalan High Court of Justice officially confirmed Alves’ acquittal in a statement, highlighting ‘gaps, inaccuracies, inconsistencies, and contradictions’ within the initial conviction. The court also confirmed the rejection of appeals seeking longer sentences, effectively dismissing all previously imposed precautionary measures against Alves.
Reactions to the Court Decision
Following the news, Alves’ mother expressed gratitude on social media. However, the acquittal has also sparked controversy and diverse reactions across the political spectrum. Former Spanish Equality Minister Irene Montero criticized the decision, suggesting it exemplified ‘institutional violence’ and ‘patriarchal justice.’ Spanish government vice-president Maria Jesus Montero adopted a more cautious tone, emphasizing solidarity with victims of abuse and stating the need to review the court ruling before comment. The accuser’s lawyer has refrained from immediate comment, citing respect for her client.