Spain prosecutors appeal ‘irrational’ Alves rape conviction reversal

Spanish prosecutors on Wednesday said they were appealing at the Supreme Court the “irrational” reversal of ex-Brazil and Barcelona star Dani Alves’ rape conviction, alleging it “morally convicted” the accuser by questioning her honesty.

Alves was sentenced to four-and-a-half years in jail in February last year after being found guilty of raping a young woman in the VIP bathroom of a Barcelona nightclub on December 31, 2022.

But a Barcelona appeals court overturned the lower court’s ruling on March 28, outraging feminist groups and some members of Spain’s left-wing government.

It said the trial had inconsistencies and contradictions and that there was insufficient evidence to prove the guilt of Alves, who had always maintained the sexual relations were consensual.

In a written submission seen by AFP on Wednesday, the public prosecutor’s office criticised a “thoughtless and irrational assessment” of some of the evidence by the court.

The court’s conclusions are “completely wrong and irrational, even arbitrary”, especially regarding the claimed disparity between the victim’s account and her behaviour captured on camera, the prosecutors wrote.

“It would appear to recover the medieval assumption of ‘the women who agrees to get drunk with a man consents to everything’. That is not the case, she only agrees to get drunk,” they added.

The prosecutors also spoke of the “cruel” situation for the young woman “who is morally convicted and made untrustworthy”.

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

The former right back was a core member of an all-conquering Barcelona team, claiming three Champions League crowns and six La Liga titles with the Catalan giants.

His glittering career also saw him win league titles with Juventus and Paris Saint-Germain as well as 126 caps for Brazil.