Former Barcelona soccer player Dani Alves acquitted of sexual assault

The Appeals Section of the Catalan High Court in Spain has unanimously overturned the conviction of former FC Barcelona soccer player Dani Alves for sexual assault. The ruling states that the original verdict contains “assessment deficits that prevent us from sharing the appraisal of the trial court and the conclusion it reached.”

Alves had been sentenced to four years in prison for sexually assaulting a 23-year-old woman at the Sutton nightclub in Barcelona on December 31, 2022. However, the new ruling, which was announced on Friday, highlights a “lack of reliability in the complainant’s testimony” and cites “evidentiary insufficiencies” as the basis for revoking the conviction, issuing an acquittal, and lifting all precautionary measures against Alves.

The court further states that “based on the evidence presented, it cannot be concluded that the presumption of innocence has been overcome” and emphasizes that convictions require a “reinforced standard of justification.” It also clarifies that rejecting the prosecution’s claims does not automatically mean that the defense’s version of events is correct. Alves’ lawyer, Inés Guardiola, expressed satisfaction with the ruling, telling the Spanish radio network RAC1: “We are very happy — justice has been served. It has been proven that Alves is innocent.”

Discrepancies in the evaluation of evidence

The Catalan High Court, consisting of three women and one man, asserts that credibility and reliability should not be treated as synonymous. “Credibility reflects a subjective belief that cannot be objectively verified,” the ruling states. “Reliability, on the other hand, pertains to the statement itself and must be assessed for accuracy. This means determining whether the testimony aligns with what actually happened, and this is only possible if there are objective elements that allow such a determination.”

A key piece of evidence was the analysis of surveillance footage from inside the VIP room — the only recorded segment of the night in question. The complainant claimed that she and her friends felt uncomfortable before the alleged assault. However, the court points out that this claim does not align with the footage, which shows her “participating in the dance with the defendant in the same way as any other person willing to have a good time.”

Additionally, the ruling highlights contradictions in the complainant’s statements regarding oral sex. She stated that she did not perform fellatio in the bathroom before the alleged vaginal penetration. However, the verdict notes inconsistencies in the prosecution’s account. “The proven facts seem to associate the complainant’s fall and knee injury with vaginal penetration, while the reasoning section links them to fellatio, which it does not consider proven.”

The ruling concludes that the failure to establish fellatio — along with the evidence of DNA found in the complainant’s mouth and fingerprints on the toilet — means that the conviction rested solely on the complainant’s account. According to the court, this highlights “the scarce and insufficient strength of the accusatory hypothesis.”

As a result, the ruling affirms that “the standard required by the presumption of innocence has not been met, necessitating the revocation of the initial conviction and the issuance of an acquittal.”

Alves had spent 14 months in custody before being released on bail after paying €1 million ($1.2 million) in March 2024. The Barcelona Court of Appeal had partially accepted his defense’s request for release. The original conviction had found that Alves penetrated the complainant without her consent and with violence, but the final sentence was significantly lower than what the prosecution (nine years) and the victim’s legal team (12 years) had sought due to the application of a mitigating factor — reparation of damage.

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