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 4½ 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 contemplate the rape confirmed,” the courtroom stated in an announcement.
Alves had maintained the intercourse was consensual, and his attorneys informed reporters exterior the courthouse that he intends to enchantment the sentence, which additionally features a five-year probation upon launch and a 9½-year restraining order.
The prosecutor had been searching 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 informed reporters, including that his group would 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 enchantment. 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 examine it intimately now. We defend [Alves’] innocence.”
Alves, 40, was 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 choose turning down common requests for bail and deeming him a flight danger.
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 girl accusing him. He later stated he had met the girl 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 girl, 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 evening.
“I’m not that kind of man,” Alves stated in response to his defence lawyer asking through the trial whether or not he had compelled the girl to have sexual relations.
The lady informed state prosecutors that she danced with Alves and willingly entered the lavatory, however that later when she needed to go away 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 girl by no means requested to go away or made any indication that she didn’t need to have sexual relations with him. He additionally denied having slapped or insulted her.
In the course of the three-day trial, a good friend and cousin of the sufferer stated she was “distraught” after exiting the lavatory, whereas law enforcement officials who attended to her on the evening testified she was vastly shaken and informed them she had been sexually assaulted by Alves.
Alves’ good friend who was with him stated the footballer had drank wine and whiskey earlier than going to the nightclub — being drunk will be thought of an extenuating issue by a courtroom and result in a shorter jail sentence.
In line with his good friend, Alves and the girl danced collectively and confirmed “chemistry” earlier than going into the lavatory and that he hadn’t seen something incorrect with the girl afterward.
A forensic psychologist who examined the girl testified that she was affected by “post-traumatic” signs, a conclusion that was disputed by an out of doors professional referred to as by the defence.
All through a profession which lasted over 20 years, Alves received 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 is not received, 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 Reuters and ESPN’s Sam Marsden contributed to this report.