Dani Alves found guilty of a crime of sexual assault
The former FC Barcelona footballer, Dani Alves, has been found guilty of a crime of sexual assault for the events that occurred in the Sutton room in Barcelona on December 30, 2022. The sentence, issued by section 21 of the Court of Barcelona, has established a sentence of four years and six months in prison for Alves, in addition to supervised release for five years, distancing and incommunicado from the victim for nine years and six months, payment of costs and compensation of 150,000 euros for moral damage and injuries suffered.
Conviction petitions and conflicting versions
The Prosecutor’s Office had asked for a sentence of nine years in prison for Alves, while the private prosecution, on behalf of the complainant, had requested a sentence of 12 years. Since January 2023, Alves has been in provisional prison, despite having requested freedom on several occasions. During the trial, Alves gave five versions of the events, first stating that he did not know the victim, then accusing her of sexually abusing him, later stating that the relationships were consensual and finally asserting that he was under the influence of ‘alcohol.
The victim’s version and the evidence presented
The victim’s version has remained practically unchanged throughout the judicial process, and several pieces of evidence have corroborated much of his story. The Barcelona Court has positively assessed the coherence and persistence of his version, both during the investigation and in the plenary session of the case. In addition, it has been emphasized that the complaint has no intention of revenge and that the victim has not accepted any purely economic agreement. The judgment concluded that there is no reason to doubt the victim’s integrity.
The defense of Alves and the lack of credibility of his statements
The judgment pointed out that the lack of credibility of Alves’ exculpatory statements does not constitute proof of his guilt. In addition, it has been emphasized that the contradictions in his account and his incompatibility with the events that occurred are not sufficient to attribute the crime to him. The sentence did not consider proven drunkenness or the effect that alcohol consumption could have had on the defendant’s faculties.
The repair of the damage and the possibility of recourse
The judgment has appreciated the repair of the damage after Alves has deposited the compensation from the initial phase of the instruction, without any condition. This has been considered a mitigating factor and has led to a reduction in the sentence. The sentence admits an appeal to the Appeals Chamber of the Civil and Criminal Chamber of the TSJC.
