Soccer star Dani Alves was found guilty of sexually assaulting a woman and sentenced to four years, six months in prison by a Barcelona court on Thursday.
The ruling by the three-judge panel followed a three-day trial earlier this month. Alves was summoned to the courthouse to receive the verdict and sentence. The victim’s lawyer, Ester Garcia, said this week that she and her client would not be present.
The ruling considered it proven that the victim did not consent to sex and there was evidence, in addition to the defendant’s testimony, that she had been raped.
The court also imposed 150,000 euros ($219,000 Cdn) in compensation for the victim and payment of costs by Alves.
Once it concluded his sentence, the court ordered that Alves, aged 40, be monitored for five years and have no communication with or go near the victim.
The court found Alves sexually assaulted his victim early in the morning of Dec. 31, 2022, when she said he raped her in a bathroom of an upscale Barcelona nightclub.
State prosecutors had sought a nine-year prison sentence for Alves while the lawyers representing his accuser wanted 12 years. His defence asked for his acquittal, or if found guilty a one-year sentence plus 50,000 euros ($73,000 Cdn) compensation for the victim.
Alves denied he raped the woman, testifying to the court, “I am not that kind of man.”
The decision can be appealed.
Alves has been in jail since being detained on Jan. 20, 2023. The Brazilian’s requests for bail were denied because the court considered him a flight risk. Brazil does not extradite its own citizens when they are sentenced in other countries.
Alves gave conflicting accounts
The victim told state prosecutors she danced with Alves and willingly entered the nightclub bathroom, but that later when she wanted to leave he would not let her. She said he slapped her, insulted her and forced her to have sexual relations against her will.
Alves first denied any sexual contact with her during the investigative phase before admitting to sexual relations that he said were consensual. He said he had been trying to save his marriage by not admitting to the encounter initially.
During the trial, his defence focused on trying to show that Alves was drunk when he met the woman.
Alves won dozens of titles with elite clubs including Barcelona, Juventus and Paris Saint-Germain. He also helped Brazil win two Copa Americas and an Olympic gold medal at age 38. In 2022, he played at his third World Cup, the only major title he hasn’t won.
He played for Barcelona from 2008-2016, briefly rejoined the club in 2022, and still maintains a residence near the city.
He was with Pumas when he was arrested, but the Mexican club then terminated his contract.
The Alves case was the first high-profile sex crime since Spain overhauled its legislation in 2022 to make consent central to defining a sex crime in response to an upswell of protests after a gang-rape case during the San Fermin bull-running festival in Pamplona in 2016.