Spain legal body backs court that overturned Alves’ rape conviction

Spain’s judicial supervisory body on Tuesday defended the court that overturned former Brazil international footballer Dani Alves’ rape conviction, a ruling criticised by the government and women’s groups.

Alves, who won the Champions League three-times with FC Barcelona, was convicted last year of raping a young woman in the in the VIP bathroom of a nightclub in Barcelona in 2022 and sentenced to four-and-a-half years in jail.

But a Barcelona appeals court on Friday overturned the lower court’s ruling, saying Alves’ trial had inconsistencies and contradictions, and there was insufficient evidence to prove he was guilty.

Deputy Prime Minister Maria Jesus Montero said on Saturday it was 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”.

Hundreds of people rallied in Barcelona on Monday against the appeal court ruling, in a demonstration organised by feminist groups.

The General Council of the Judiciary, which ensures the independence of both courts and judges, weighed into the debate on Tuesday, saying the two courts that had dealt with the case had its “full support”.

“The review by higher courts of decisions handed down by lower courts is part of the normality of the rule of law,” it added in a statement.

“Protecting and supporting victims, particularly of crimes against sexual freedom, does not mean renouncing the presumption of innocence, which is a fundamental right.”

Alves, now 41, was kept in jail since his arrest in January 2023 until March 2024, when he was released pending his appeal after he posted the one million euros ($1.1million) bail set by the courts.