Former Barcelona and Brazil defender Dani Alves has been acquitted of sexual assault charges following an appeal, with the High Court of Justice of Catalonia overturning his initial conviction due to “insufficient evidence” and “inconsistencies and contradictions” in the previous ruling.
Alves, 41, was convicted in February 2024 of raping a 23-year-old woman at the Sutton nightclub in Barcelona in December 2022.
The former footballer was sentenced to 4.5 years in prison but was released on bail in March 2024 after paying €1 million ($1.2 million).
The appeals court, consisting of judges Maria Angels Vivas, Roser Bach, Maria Jesus Manzano, and Manuel Alvarez, ruled unanimously in favor of Alves, concluding that the initial conviction contained “a series of gaps, inaccuracies, inconsistencies and contradictions regarding the facts, the legal assessment and their consequences.”
“Alves is very happy. He is innocent, that is demonstrated. Justice has spoken,” said his lawyer, Ines Guardiola, during an interview with RAC1 radio.
The court also mentioned discrepancies between the complainant’s testimony and video footage evidence taken before the alleged assault.
“The complainant’s account, which should have been subjected to greater scrutiny, has not been compared with the fingerprint and biological evidence, which support the defense’s argument,” the court’s ruling stated.
The ruling also disputed the complainant’s argument that she went to the bathroom with Alves out of fear his friends might follow them, concluding that she “voluntarily went to the bathroom area for the purpose of being with the defendant in a more intimate space.”
Alves, who was playing for Liga MX club Pumas at the time of his arrest, repeatedly denied the allegations, maintaining during the trial:
“She never told me to stop. We were both enjoying ourselves.”
The court also lifted all restrictions on Alves, including a travel ban and restraining order. However, the decision could still be appealed to the Spanish Supreme Court in Madrid.
Alves, considered one of the most successful players of his generation, has played for elite clubs including Barcelona, Juventus, and Paris Saint-Germain.
His career was abruptly halted when Pumas terminated his contract immediately following his January 2023 arrest.
The case was among the first high-profile trials under Spain’s 2022 “only yes means yes” law, which shows explicit consent and aims to close legal loopholes following the 2016 San Fermin festival gang-rape case in Pamplona.
