Former Barcelona and Brazilian footballer Dani Alves has been sentenced to four years and six months in prison for raping a 23-year-old woman in a Barcelona nightclub in December 2022.
A written statement from the National Court of Barcelona said the victim did not consent to sex with Alves and that in addition to the victim’s statement, evidence submitted to the court proved she had been raped.
Prosecutors asked for a nine-year sentence, and the victim’s legal team asked for a 12-year sentence. Alves’ sentence is just over the minimum term of four years and, as he has served a quarter of his sentence on remand, he may soon be released on license.
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The 40-year-old woman was ordered to pay €150,000 (£128) in compensation to the victim and a further €9,000 in compensation for her injuries. He will be subject to a further five years of legal supervision and given a restraining order banning him from contact with the victim for nine years and six months.
Alves denies wrongdoing and his lawyer Ines Guardiola said they would appeal.
The ruling signals a shift in the approach to victim victimization, which until now has placed the burden of proof on the victim regarding consent, or lack thereof. The 2022 legislation states that “proof of the existence of sexual assault does not depend on the existence of physical harm or on the victim’s heroic objection to sexual intercourse”.
Spanish Vice President Yolanda Díaz said she hoped the words would set an example. “This is all over in our country, we women suffer enough machismo and sexual assault in every walk of life,” she said.
Catalonia’s Equality Minister Tània Verge described Alves’ case as a “milestone”. “This demonstrates the critical importance of nightclubs’ anti-sexual violence protocols and training their personnel to respond immediately,” she said. “It shows that trials can be conducted with adequate protection of victims and with sexual consent at the centre. It shows that no matter how rich, how famous, how powerful the perpetrators, no matter how they try to discredit their victims, there is no impunity It seems like it’s over.”
On December 30, 2022, Alves met the woman in the VIP area of Sutton nightclub in Barcelona. After buying her and her friends a drink, he motioned for her to join him in the bathroom, the only area of the club not covered by cameras.
Once inside the home, the victim said he asked for oral sex and when she refused, he raped her. Alves initially denied seeing the woman but changed his story several times after forensic and video evidence was presented.
Alves won dozens of titles with clubs including Sevilla, Barcelona, Juventus and Paris Saint-Germain and made 126 appearances for Brazil, including three World Cups. He helped Brazil win two Copa America titles and an Olympic gold medal.
The defender played for Barcelona from 2008-16 and briefly rejoined the club in 2022, and still has a home near the city. Alves was playing for Mexican club Pumas at the time of his arrest and his contract was immediately terminated.
