Catalonia’s prime courtroom on Thursday discovered former Brazil footballer Dani Alves responsible of sexually assaulting a lady in a Barcelona nightclub in 2022, sentencing him to 4 and a half years in jail.
The courtroom additionally ordered that Alves pay €150,000 ($162,990) to the sufferer.
“The sentence considers that it has been confirmed that the sufferer didn’t consent, and that there’s proof, along with the testimony of the plaintiff, to think about the rape confirmed,” the courtroom stated in an announcement.
Alves had maintained the intercourse was consensual, and his legal professionals advised reporters outdoors the courthouse that he intends to attraction the sentence, which additionally features a five-year probation upon launch and a 9 and a half yr restraining order.
The prosecutor had been looking for a nine-year jail time period.
“We’re happy because the sentence recognises what we have been saying all alongside: that the sufferer was telling the reality and that she suffered,” the sufferer’s lawyer David Saenz advised reporters, including that his staff would nonetheless analyse whether or not the sentence corresponds to the gravity of the crime.
Alves’ lawyer, Ines Guardiola, disagreed with the sentencing, saying: “We’re going to attraction. I nonetheless consider in Dani Alves’ innocence. We’ve not learn the entire sentence but as a result of it’s extremely lengthy, however we’re going to research it intimately now. We defend [Alves’] innocence.”
Alves, 40, was first arrested in January 2023 after being accused of sexually assaulting a lady within the toilet of an upscale Barcelona nightclub within the early hours of Dec. 31, 2022.
Alves had remained in preventive pre-trial jail in Spain ever since, with a decide turning down common requests for bail and deeming him a flight threat.
The case was heard over three days at a courtroom in Barcelona earlier this month, with Alves altering his story for the fifth time shortly earlier than the trial started.
At first, he maintained he didn’t know the alleged sufferer. He later stated he had met the lady within the toilet of the membership however that nothing occurred.
The previous Barcelona and Paris Saint-Germain defender, when confronted with organic proof, modified his model of occasions once more, saying she had consensually carried out oral intercourse on him.
Final April, following the outcomes of additional organic assessments, Alves admitted for the primary time that he had intercourse with the lady, claiming it was consensual and that he had lied to cover his infidelity to his spouse.
Forward of the listening to, Alves said for the primary time that he was drunk on the night time.
“I’m not that sort of man,” Alves stated in response to his defence lawyer asking if he had pressured her to have sexual relations throughout the trial.
The alleged sufferer advised state prosecutors that she danced with Alves and willingly entered the lavatory, however that later when she wished to depart he wouldn’t let her. She stated he slapped her, insulted her and raped her.
Alves denied that.
“We had been each having fun with ourselves,” Alves stated, whereas repeatedly saying that the lady by no means requested to depart or made any indication that she didn’t wish to have sexual relations with him. He additionally denied having slapped or insulted her.
Throughout the three-day trial, a buddy and cousin of the alleged sufferer stated she was “distraught” after exiting the lavatory, whereas cops who attended to her on the night time testified she was tremendously shaken and advised them she had been sexually assaulted by Alves.
Alves’ buddy who was with him stated the footballer had drank wine and whiskey earlier than going to the nightclub — being drunk might be thought of an extenuating issue by a courtroom and result in a shorter jail sentence.
In response to his buddy, Alves and the lady danced collectively and confirmed “chemistry” earlier than going into the lavatory and that he hadn’t seen something incorrect with the lady afterward.
A forensic psychologist who examined the lady testified that she was affected by “post-traumatic” signs, a conclusion that was disputed by an outdoor professional known as by the defence.
All through a profession which lasted over 20 years, Alves gained main titles with elite golf equipment together with Barça, Juventus and PSG. He additionally helped Brazil win two Copa Americas and an Olympic gold medal on the age of 38.
He performed at his third World Cup, the one main title he isn’t gained, in 2022. He performed for Barça from 2008-16 and briefly rejoined the membership for a second spell in 2022 earlier than transferring to Mexico with Pumas.
Alves’ contract with the Mexican membership was terminated instantly following his arrest.
Info from ESPN’s Sam Marsden contributed to this report.