After a three-day trial at Catalonia’s top court, a panel of judges has found former Brazil international Dani Alves guilty of raping a woman in a Barcelona nightclub.

Despite consistently denying the charge, the 40-year-old was handed a four and a half year prison sentence, as well as having to pay his victim €150,000 in damages.

Prosecutors had pushed for a nine-year term. In Spain rape is investigated under the general accusal of sexual assault,  but if convicted defendants can face as much as 15 years behind bars. Instead the panel of three-judges said he should receive a further five years’ probation.

Alves gained 126 caps for his country and played more than 400 times for Barcelona, winning six league titles and three Champions Leagues across two spells and also had spells at Seville, Juventus and Paris Saint-Germain.

Violent assault

 The incident occurred in the early hours of 31 December 2022. State prosecutors said Alves and one of his friends had bought champagne for three young women, who had been brought to them in the VIP area of the club.

He had lured the victim to the bathroom where he then prevented her from leaving, despite her repeated requests to be allowed to. He proceeded to slap her in the face, throw her onto the ground, sexually assault her, before committing rape.

The prosecution were able to tell the court that Alves’ DNA was collected from the complainant and her clothing.

Charged and detained

The 23-year-old victim was left “distraught” and filed an official complaint on 2 January 2023.

After being questioned, Alves maintained that the girl could have left “if she wanted to”. However, on 20 January 2023, Catalan police arrested him and charged him with sexual assault and he has been held in pre-trial detention ever since.

Regular requests for bail have been rejected with judges deeming Alves a “flight risk” because the concern was that the player would return to his native Brazil which does not extradite its citizens if they are sentenced in a foreign country.

Victim still suffering

At the trial the victim testified in a closed doors session, talking from behind a screen with her voice distorted to protect her identity.

One of her two friends appearing as a witness, described how she had cried “uncontrollably” after leaving the bathroom. She also said that there was an initial reluctance to file a complaint because of concern she would not be believed.

Her second friend told how since the attack the victim has lost a lot of weight, cannot work and has suffered from anxiety, barely being able to leave her house.

Five versions of denial

Alves himself has changed his story on FIVE occasions. In his first account he claimed not to know the woman and accused her of trying to become famous by making her allegation.

He then said she was with him but nothing happened, before changing that story to admitting that the victim had performed consensual oral sex on him. This changed once more to an admission of having consensual sex with her and claimed he had denied it out of a wish to try and save his marriage.

Finally, and the version given at trial, he said he was severely impaired by alcohol consumption, presumably on the advice of his legal team, as in Spain if someone is proved to have been drunk it can be considered an extenuating factor by a court, and lead to a shorter prison sentence.

Guilty verdict

 The court dismissed Alves’ claims and found him guilty. The spokesperson for the panel said there was “evidence other than the victim’s testimony that proved that she had been raped.”

When the verdict was delivered, one of the team of lawyers representing the victim said: “It recognises what we have always known: the truth, and the suffering there has been.”

Only yes is yes

Spanish law was changed recently to assert the importance of consent under the so-called “Only Yes is Yes” principle and Alves’s case has drawn nationwide attention. This is the first high-profile case since the new law was passed making consent central to sexual assault cases, and increased the minimum prison sentence for violent assault.

Sacked and shamed

Alves who enjoyed a glittering career, had his contract terminated by his last club – Mexican side Pumas UNAM – shortly after his initial arrest. 

He can appeal against the court ruling.