In a significant legal development, the Tribunal Superior de Justicia de Catalunya (TSJC) has unanimously acquitted former Brazilian footballer Dani Alves of sexual assault charges that had previously led to a four-and-a-half-year prison sentence. The ruling, announced on March 28, 2025, overturned the earlier conviction by the Audiencia de Barcelona, which had found Alves guilty of assaulting a 23-year-old woman at the Sutton nightclub in Barcelona on December 31, 2022.
The TSJC's decision comes after a thorough review of the evidence, which the court found to contain "gaps, inaccuracies, inconsistencies, and contradictions". The appeals court emphasized that the testimony of the complainant was insufficient to uphold the conviction, thereby reinforcing the legal principle of the presumption of innocence.
Alves, who spent 14 months in pre-trial detention following his arrest in January 2023, was released on bail in March 2024 after paying one million euros. Initially, the Audiencia de Barcelona had sentenced him based on the victim's testimony, which claimed that Alves had engaged in non-consensual sexual acts in a bathroom at the nightclub. However, the TSJC highlighted that the original ruling did not adequately consider all the available evidence, including video footage from the nightclub that contradicted parts of the complainant's account.
The appeals court, composed of three women and one man, stated that the lower court had failed to apply the necessary scrutiny to the evidence presented, particularly regarding the reliability of the complainant's testimony. The TSJC noted that while the complainant had alleged a lack of consent, the circumstances surrounding her entry into the reserved area of the nightclub and the absence of any immediate calls for help raised doubts about her claims.
In its ruling, the TSJC remarked, "The divergence between what the complainant reported and what actually occurred significantly compromises the reliability of her account." This statement underscores the court's concern over the credibility of the evidence that led to the initial conviction.
Moreover, the court pointed out that the original sentence had relied too heavily on the subjective belief of the complainant without adequately contrasting her statements with the objective evidence, including DNA reports and fingerprint analysis. The TSJC stressed the importance of corroborating witness testimony with objective elements to establish veracity in such cases.
Inés Guardiola, Alves' lawyer, expressed relief and satisfaction with the ruling, stating, "We are very happy, justice has finally been done, it has been shown that Alves is innocent." This sentiment reflects the broader implications of the case, which has garnered significant media attention and public interest.
The TSJC's ruling not only absolves Alves of the charges but also nullifies all precautionary measures previously imposed, including any obligations to maintain distance from the complainant and the requirement to pay damages. The court's decision is a pivotal moment in Alves' legal battle, as it not only clears his name but also sets a precedent regarding the standards of evidence required in sexual assault cases.
Following the announcement, the TSJC clarified that while the acquittal does not automatically validate the defense's version of events, it does emphasize the necessity of adhering to the presumption of innocence until proven guilty. The court stated, "The fact that the accusation's hypothesis has not been substantiated does not imply that the defendant's hypothesis is true." This statement reinforces the legal principle that the burden of proof lies with the accuser in criminal cases.
The original conviction had been met with mixed reactions, with calls for harsher penalties from the prosecution, which had sought to increase Alves' sentence to nine years, while the private prosecution aimed for a twelve-year sentence. Both appeals were dismissed by the TSJC, which found that the prosecution had not met the required standards of proof.
As the legal proceedings surrounding this case conclude, the implications extend beyond Alves himself, touching on broader discussions about consent, the legal system's handling of sexual assault cases, and the importance of evidence in ensuring justice. The TSJC's ruling serves as a reminder of the complexities involved in such cases and the need for a careful examination of all evidence before reaching a verdict.
Alves, who had been a prominent figure in football, particularly during his time with FC Barcelona, now faces a new chapter in his life following this acquittal. The case has sparked discussions about the treatment of sexual assault allegations within the legal system and the importance of balancing justice for victims with the rights of the accused.
While the TSJC's decision can be appealed to the Supreme Court, the current ruling stands as a significant legal victory for Alves and raises important questions about the standards of evidence and the treatment of sexual assault cases in Spain.
