A Spanish court overturned former Barcelona and Brazil footballer Dani Alves' sexual assault conviction on Friday, citing "insufficient evidence" to uphold his presumption of guilt. Alves, 41, had been sentenced to four and a half years in prison in February 2024 for allegedly raping a woman at a nightclub in December 2022. However, the ruling was reversed by a panel of four judges in Barcelona.
The landmark case was Spain's first high-profile trial under the 2022 "only yes means yes" legal reforms, which emphasise explicit consent in sexual crime cases. The legislation, introduced after national outrage over a 2016 gang-rape case at the San Fermin bull-running festival, defines consent as an active and clear expression of will, rejecting silence or passivity as agreement.
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Despite these legal changes, the court found inconsistencies between the accuser's testimony and surveillance footage recorded before the alleged incident. This led to the unanimous decision to overturn the conviction.
Alves had been imprisoned since January 2023 before being released on bail in March 2024 after paying 1 million euros. He also surrendered his passports due to concerns he might flee.
Prosecutors initially sought to extend Alves' sentence to nine years, while the victim's legal team pushed for 12. The ruling is subject to appeal at Spain's Supreme Court in Madrid.
A decorated footballer, Alves won multiple league and Champions League titles with Barcelona, as well as Copa Americas and an Olympic gold medal with Brazil.
