The public prosecutor’s office in Catalonia announced on Wednesday their intention to appeal a court decision that overturned the rape conviction of former FC Barcelona footballer Dani Alves – a ruling that has drawn criticism from the government and women’s rights organisations.
Brazilian Alves, a three-time Champions League winner with Barça, was found guilty last year of raping a young woman in the VIP restroom of a Barcelona nightclub in 2022. He was sentenced to four and a half years in prison.
However, on Friday, a Barcelona appeals court overturned the verdict, citing inconsistencies and contradictions in the trial. The court ruled that there was insufficient evidence to prove his guilt beyond doubt. ALSO READ: Spanish appeals court overturns ex-Barça star Dani Alves’ rape conviction.
In its decision, the appeals court described the accuser as an ‘unreliable complainant’, noting that her testimony ‘differed notably’ from video footage showing events before she and Alves entered the restroom, where she alleged the footballer raped her.
The public prosecutor’s office in Catalonia issued a statement confirming its plan to challenge the ruling but did not provide further details.
The appeals court decision sparked protests, with hundreds of demonstrators gathering in Barcelona on Monday in an event organised by feminist groups (main image). Protesters carried signs condemning the ruling as ‘unacceptable’ and demanding its reversal.
Deputy Prime Minister María Jesús Montero expressed her dismay on Saturday, calling it a ‘shame’ that the testimony of a rape victim ‘is still being questioned’ and that the ‘presumption of innocence is said to take precedence over the testimony of young, brave women’.
On Tuesday, Montero clarified her comments, stating that she did not intend to challenge ‘the presumption of innocence’. However, she reaffirmed her stance that the appeals court’s decision to annul Alves’ conviction represented ‘a step backwards’.
Prime Minister Pedro Sánchez, who identifies as a feminist, has prioritised combating sexual violence. His minority coalition government revised Spain’s criminal code in 2022, defining all non-consensual sex as rape in response to the notorious ‘wolf pack’ case involving an 18-year-old woman who was gang-raped by five men during the San Fermin bull-running festival in Pamplona. ALSO READ: Spanish government secures its ‘Only Yes is Yes’ sexual consent law.
Alves, now 41, remained in custody from his arrest in January 2023 until March 2024. He was released on bail after paying the one million euros required by the court while awaiting the outcome of his appeal.
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