Dani Alves, one of the most successful soccer players of his generation, was found guilty of raping a woman in a Barcelona nightclub and sentenced to four years and six months in prison on Thursday.
The former Brazil and Barcelona right back was convicted in Spain under a new sexual liberty law that emphasizes the lack of consent of the victim as key to determining sex crimes.
A three-judge panel at the Barcelona Provincial Court convicted the 40-year-old Alves of sexual assault for the incident on Dec. 31, 2022.
The court ordered Alves to pay €150,000 ($219,000) in compensation to the victim, banned him from approaching the victim’s home or place of work, and from communicating with her by any means for nine years.
“I still believe in the innocence of Mr. Alves,” Ines Guardiola, Alves’s lawyer, said. “I need to study the ruling, but I can tell you that of course we will appeal.”
Guardiola said Alves was “calm and collected” when he heard the verdict in court.
The victim said Alves raped her in the bathroom of a Barcelona nightclub on the morning of Dec. 31, 2022. The court considered it proven that the victim did not consent to sex and there was evidence, in addition to the defendant’s testimony, that she was raped.
Alves denied during the three-day trial this month that he raped the woman, testifying to the court “I am not that kind of man.”
State prosecutors had sought a nine-year prison sentence for Alves while the lawyers representing his accuser wanted 12 years. His defence asked for his acquittal, or if found guilty a one-year sentence plus €50,000 ($73,000) compensation for the victim.
The sentence of four years and six months is near the lowest sentence for a rape conviction, which when the rape took place was penalized by four to 12 years under Spanish law. That has since been modified to six to 12 years. The court in its sentence said it considered favourably for Alves that he had “before the trial paid the court €150,000 to be given to the victim without any conditions attached.”
Spain Deputy Prime Minister Yolanda Diaz said she hoped the verdict “serves as an exemplary measure for all the sexist behaviours that women suffer in all areas of our lives.”
The Alves case was the first high-profile sex crime since Spain overhauled its legislation in 2022 to make consent central to defining a sex crime in response to an upswell of protests after a gang-rape case during the San Fermin bull-running festival in Pamplona in 2016.
Alves has been in jail since being detained on Jan. 20, 2023.
The victim told state prosecutors she danced with Alves and willingly entered the nightclub bathroom, but that later when she wanted to leave he would not let her. She said he slapped her, insulted her and forced her to have sexual relations against her will.
His conviction shatters Alves’s legacy as one of soccer’s most successful players.
Alves won dozens of titles with elite clubs including Barcelona, Juventus and Paris Saint-Germain. He also helped Brazil win two Copa Americas and an Olympic gold medal at age 38. He played at his third World Cup, the only major title he hasn’t won, in 2022. He played for Barcelona from 2008-16, helping to win three Champions Leagues and six Spanish leagues, and briefly rejoined the club in 2022. He still has a residence near the city.