Former player Daniel Alves sentenced to 4 years and 6 months in prison for rape in Spain
The court decision states that the former Brazilian man threw the woman on the bathroom floor of a nightclub in Barcelona, where he immobilized her and committed an act of penetration without her consent. Furthermore, the former athlete was ordered to pay compensation of more than R$800,000 to the victim and will be subjected to five years of surveillance after serving his sentence. His lawyer said he intends to appeal the sentence.
Daniel Alves is sentenced to 4 years and 6 months in Spain for sexual assault - Photo Reproduction/D.Zorrakino. POOL / Europa Press
Former football player, Daniel Alves, was sentenced to 4 years and 6 months in prison for rape in Spain. The verdict was handed down by the Barcelona court this Thursday morning (22), confirming that the Brazilian attacked and abused his wife in the bathroom of the Sutton nightclub in 2022. Daniel Alves arrived at the scene around 10am, which was equivalent to 6am Brasília time. When the sentence was read, the parties to the case against the player were also present: prosecutor Elisabet Jiménez; the complainant's lawyer, Ester García; and Daniel's lawyer, Inés Guardiola.
The sentence was announced two weeks after the end of the trial. The former player's defense team announced its intention to appeal the decision. The appeal can still be filed in two instances, at the Superior Court of Justice of Catalonia (TSJC) and the Supreme Court of Spain. Pending the outcome of the appeal, Daniel remains in detention.
The details of the case
Daniel Alves was convicted following an extensive court case involving serious allegations of sexual assault against a young woman in Barcelona. According to Spain's Penal Code, the crime of "sexual assault" is defined in article 178 as the attack on the sexual freedom of another person through violence or intimidation, subject to a prison sentence of one to five years.
The trial, which lasted three days and concluded on February 7, featured testimony from 28 witnesses, presented by both the defense and the prosecution. During the hearings, evidence was presented, allowing lawyers for both sides to argue before the court. Despite the efforts of Alves' defense, the final verdict was guilty, resulting in a sentence of more than four years in prison for the former player. Alves' mother, Lucia Alves, also participated in the trial, having been called as a witness and being the first to arrive at the court.
During the hearing the former player cried and refuted the accusations of sexual assault, insisting that the interaction with the complainant was consensual. During the session, Daniel Alves' defense pleaded for his parole and acquittal, contrasting with the Public Prosecutor's Office's demand for nine years in prison and the accusing party's demand for 12 years. The sentence handed down to Daniel Alves did not come close to the nine years of detention requested by the Spanish Public Prosecutor's Office, nor the 12 years requested by the victim.
According to the court decision, the court considered a mitigating circumstance to compensate for the damage, highlighting that "before the trial, the defense transferred to the court's account the amount of 150 thousand euros intended for the victim, regardless of the outcome of the case, which, according to the court, it demonstrates an intention to repair". Therefore, the former player's sentence was reduced due to the application of this mitigating circumstance, and not because of his drunkenness, an argument strategically used by Alves' defense during the trial to reduce the potential length of the sentence. Crucial to this reduction, the 150,000 euros paid by Daniel Alves to the court were a donation from the family of Brazilian player Neymar.
Since January this year, the Al-Hilal player has been offering financial and legal support to Alves. The former player has been deprived of access to his assets since his arrest in January 2023.
Defense and Prosecution
Inés Guardiola, Daniel Alves' defense lawyer, stated upon leaving the Barcelona Court that she plans to appeal the sentence and continues to maintain the former player's innocence. She also noted that a sentence of four and a half years is considerably more favorable than the 9 or 12 years requested by the prosecution. The Barcelona Court's decision was welcomed by the prosecution represented by Daniel Alves, including the Spanish Prosecutor's Office and the victim's lawyers. However, lawyer David Sáez expressed concern that, although he acknowledged the victim's version, the conviction could result in irreparable harm.
The future of Daniel Alves
As reported by the Catalan newspaper "La Vanguardia", in addition to the reduction of the sentence, the mitigating factor allows the individual to obtain permission to leave prison after serving a quarter of the sentence, equivalent to one year, one month and fifteen days. However, this decision is subject to appeals by the prosecution, making it definitive. Judge Isabel Delgado, from the 21st Hearing Section of Barcelona, also stipulated that Daniel Alves, after his imprisonment, be subjected to probation for five years, maintain a distance from his wife for nine years and pay compensation of 150 thousand euros (approximately R$804 thousand). Furthermore, he is responsible for legal expenses.
The judge clarifies that "in order to constitute sexual assault, it is not essential that physical injuries occur, nor that the victim heroically opposes having sexual relations." Furthermore, the ruling highlights that, "in the case in question, there is clear evidence of injuries to the victim, which makes the presence of violence to coerce her will, followed by sexual penetration uncontested by the accused, more than obvious." Daniel Alves was also sentenced to pay a fine of 9 thousand euros (around R$48 thousand), corresponding to 150 euros per day for two months, for a minor offense of bodily harm. Although the prosecution is satisfied with the conviction, it highlights that there is unrepaired damage.
