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The High Court of Justice of Catalonia (TSJC) overturned the four-and-a-half-year prison sentence imposed on Brazilian footballer Dani Alves for the alleged rape of a young woman in Barcelona.
The decision to acquit the athlete is based on the lack of conclusive evidence and the consideration that the testimony of the complainant is not "reliable."
In its ruling - which can be appealed to the Supreme Court - the Civil and Criminal Chamber of the TSJC unanimously accepted the appeal filed by the defense of the former FC Barcelona player.
The court determined that the resolution of the Barcelona Court that convicted Alves contained "gaps, inaccuracies, inconsistencies, and contradictions."
Alves remained in preventive custody for fourteen months before being provisionally released in March of last year after paying a bail of one million euros.
The Barcelona Court had convicted him for allegedly having raped a 23-year-old woman in the bathroom of a nightclub in December 2022.
The decision of the TSJC is based on the analysis of the footage captured by the nightclub's cameras, which show the footballer and the complainant interacting amicably before the alleged incident.
The court considers that the young woman's account contains contradictions compared to what is shown in the recordings, which calls her reliability into question.
The TSJC also criticized the Barcelona Court for validating the testimony of the complainant without adequately cross-referencing it with other evidence, such as fingerprint and DNA expert analyses.
According to the high court, the ruling by the Court of Appeals made a "leap in reasoning" by giving credibility to a witness whose testimony had been called into question on other grounds.
The court emphasized that the required evidentiary threshold to overturn Alves' presumption of innocence has not been met, in accordance with the directives of the European Parliament and the Council of Europe.
Additionally, he reminded that constitutional doctrine requires a strengthened justification in conviction sentences.
The TSJC also criticized the justification provided by the Barcelona Court regarding consent, arguing that the fact that a person can change their mind about a sexual relationship does not turn inconsistent testimony into reliable evidence.
Both the Prosecutor's Office and the private prosecution had appealed the initial sentence, requesting an increase in the penalty.
The prosecution requested a nine-year prison sentence, while the complainant sought a twelve-year penalty.
However, with the new ruling from the TSJC, Alves is acquitted while awaiting a possible appeal to the Supreme Court.
Frequently Asked Questions about Dani Alves' Acquittal by the High Court of Justice of Catalonia
Why was Dani Alves acquitted of the charge of sexual assault?
Dani Alves was acquitted due to the lack of conclusive evidence and the fact that the testimony of the complainant was deemed unreliable by the Superior Court of Justice of Catalonia. The court found gaps, inaccuracies, and contradictions in the initial ruling of the Barcelona Court.
What role did the nightclub recordings play in the Dani Alves case?
The recordings from the nightclub were crucial to the case, as they showed Dani Alves and the complainant interacting in a friendly manner prior to the alleged incident, which contradicted the young woman's testimony and called her credibility into question.
What was the TSJC's criticism of the Barcelona Court in the Dani Alves case?
The TSJC criticized the Barcelona Court for validating the testimony of the complainant without properly contrasting it with other evidence, and for not meeting the evidentiary threshold required to overturn Alves' presumption of innocence. The Court made an "argumentative leap" by giving credibility to an inconsistent testimony.
What could happen after Dani Alves' acquittal?
The ruling of the TSJC can be appealed to the Supreme Court, which means that the case could still undergo additional review if any of the parties decides to appeal the Catalan court's decision of acquittal.
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