Catalan high court says accuser\u2019s testimony lacks reliability over facts that could be verified through video
\n MADRID
\nThe top court in Spain\u2019s Catalonia region overturned Brazilian soccer player Dani Alves\u2019 rape conviction, saying the case against him had inconsistencies and contradictions.
\nThe 41-year-old defender was convicted last year of raping a woman in the restroom of a Barcelona nightclub in 2022 and sentenced to 4-1\/2 years in prison.
\n\u201cDani Alves is very happy. He is innocent, that is demonstrated. Justice has spoken,\u201d Ines Guardiola, lawyer for the former Barcelona, PSG and Juventus player, told RAC1 radio.
\nThe case has gripped Spain where women\u2019s rights have become a highly sensitive national topic, especially in the sports world after the scandal over former soccer chief Luis Rubiales\u2019 unwanted kissing of national team player Jenni Hermoso in 2023.
\nIn its unanimous appeal ruling, the four-judge Catalan high court said the accuser\u2019s testimony lacked reliability over facts that could be objectively verified through video, \u201cexplicitly indicating that what she recounted does not correspond to reality\u201d.
\n\u201cThe inadequacies of the evidence lead to the conclusion that the standard required by the presumption of innocence has not been met,\u201d it said, noting \u201ca series of gaps, inaccuracies, inconsistencies and contradictions concerning the facts, the legal assessment and its consequences\u201d.
\nThe accuser\u2019s lawyer, Ester Garcia, told reporters she would appeal the decision before Spain\u2019s Supreme Court, which could take a year to be resolved. She said the process was emotionally taxing for her client due to the intense media attention on the case.
\nThe regional prosecutor\u2019s office declined to comment on the ruling.
\nAlves had already been released from prison on a 1 million euro ($1.1 million) bail while awaiting the appeal. Now he is free to leave Spain after the court overturned a travel ban, restraining order and compensation payment.
\nThe court said that the alleged victim\u2019s argument that she went with Alves into the restroom for fear that his friends might follow them did not appear reasonable, concluding that she instead \u201cvoluntarily went to the bathroom area for the purpose of being with the defendant in a more intimate space\u201d.
\nIt added that CCTV footage did not allow to infer whether she consented to the subsequent interaction or not.
\nReactions
\nWhile some Spaniards said the judges should be trusted, others expressed unease with the ruling and its potential implications for women accusing men of power.
\nJustice Minister Felix Bolanos said the ruling must be respected and he could not separately assess facts already reviewed by judges. But he added: \u201cSpanish society no longer tolerates sexist vexatious behaviour and women are losing their fear and denouncing it.\u201d
\nDeputy Prime Minister Yolanda Diaz, however, came out in solidarity with Alves\u2019 accuser, whose identity has not been made public. \u201cAll my support to the victim. I\u2019m concerned about the re-victimisation of the victim, who is suffering a lot. Justice needs to walk hand in hand with women and provide certainty and security.\u201d
\nIrene Montero, who was Spain\u2019s equality minister when Alves was first indicted, criticised the ruling as \u201cpatriarchal justice.\u201d \u201cOnly yes means yes,\u201d she added, referring to a legal reform she spearheaded establishing absence of consent as a main criterion for determining sex offences.<\/p>\n","protected":false},"excerpt":{"rendered":"
Catalan high court says accuser\u2019s testimony lacks reliability over facts that could be verified through video MADRID The top court in Spain\u2019s Catalonia region overturned Brazilian soccer player Dani Alves\u2019 rape conviction, saying the case against him had inconsistencies and contradictions. The 41-year-old defender was convicted last year of raping a woman in the restroom […]<\/p>\n","protected":false},"author":2,"featured_media":470164,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[3],"tags":[],"class_list":{"0":"post-470149","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-sports"},"yoast_head":"\n