Hundreds protest acquittal of former Barça footballer Dani Alves

On Monday evening, hundreds of demonstrators gathered at Barcelona’s central Plaça Sant Jaume square to protest the acquittal of former Barça football player Dani Alves.

Alves was previously sentenced to four and a half years in prison for the sexual assault of a woman in a Barcelona nightclub on December 21, 2022. But on March 28 of this year, the Catalan High Court unanimously overturned the conviction.

The protest was organized by Novembre Feminista and Ca la Dona under the banner “Shame and impunity,” and was joined by other feminist groups.

During the demonstration, protesters chanted, “Enough with institutional violence” and “I believe you.”

November Feminista spokesperson and lawyer Marisa Fernández denounced the verdict, warning that it sets a “serious precedent” that reinforces the impunity for aggressors while failing to protect women.

“This ruling sets a standard for how the ‘good woman’ is expected to behave and prove her discomfort,” said Fernández.

Cecília Carrillo, another member of the feminist group, said that the ruling sends a very “wrong message” to perpetrators and survivors alike. “Who would want to report an assault?” she asked, adding that “in a case with that much evidence and a defendant who changes his version five times, it’s shameful that the court still absolved him.” 

The appeals panel, consisting of three female judges and one male judge, said the reasoning of the trial court contained "a series of gaps, imprecisions, inconsistencies, and contradictions regarding the events, the legal evaluation, and their consequences."

The High Court also found the complainant to be unreliable in parts of the victim’s testimony.

During the protest, Novembre Feminista distributed a statement calling the ruling a “serious” case of “institutional violence” because it shows how the institutions “reproduce and perpetuate impunity in cases of sexual violence.”

The statement further criticized the ruling for “going against” international accords that have been signed by the Spanish State, such as the Istanbul Convention, and demanded a “profound reform” of the judicial system that “effectively” implements a feminist framework.

“We will not accept that the credibility of women who report gender violence is questioned,” the statement declared.

Testimony and evidence issues

The Catalan High Court upheld Dani Alves' appeal and dismissed the appeals from both the public and private prosecution, which had sought to increase the sentence to nine and twelve years, respectively.

The ruling stated that the original court decision had already highlighted the lack of reliability in the complainant's testimony, particularly in parts of her account that could be objectively verified through video footage, "explicitly indicating that what she recounts does not correspond to reality."

The court also found issues with the reliability of her account in parts that were not recorded, such as the denial of a sexual act, which was corroborated “with a very high probability” by DNA evidence.

The ruling adds that, in contrast, the previous ruling accepted the rest of the complainant's testimony — specifically regarding the non-consensual vaginal penetration in the nightclub bathroom — without comparing it to other evidence, such as fingerprint and DNA analysis by expert witnesses. 

"The argument shift in the trial court's decision on this matter, limiting the subjective belief in the complainant's statement solely to the non-consensual vaginal penetration, given that she has been proven an unreliable witness because many of her claims were unverified, overlooks what the trial court should have methodologically investigated: comparing this statement with other evidence," the High Court ruling said.

It adds that "from the evidence presented, it cannot be concluded that the standards required by the presumption of innocence under European law have been met."

The court also explained that the only hypothesis judged was the accusation. Therefore, not accepting the accusation does not imply that "the true hypothesis is the one presented by the defense of the accused."  

Lawyers and politicians react

The Brazilian footballer's lawyer, Inés Guardiola, welcomed the acquittal, saying they were "very happy."

"Justice has finally been served," she told RAC1 radio. "Of course we expected it. He is innocent and it has been proven. We are very emotional," she said.

The complainant's lawyer called the ruling a "setback both legally and socially in the fight against sexual violence."

"In a way she felt as if she was going back to the bathroom where the events took place," said Ester García, who warned that the decision could "disincentivize" women from reporting.

While legally they ought to appeal, García said, they must also take into account the woman's emotional state and whether she can endure further legal proceedings.

Catalonia's Minister of Equality and Feminism, Eva Menor, said she was "concerned" that the justice system "repeatedly questions the credibility" of victims of gender-based violence.

Menor has said that she respects the sentence, because she has not analyzed it, but she is concerned about "revictimization."

Spain's Minister of Equality, Ana Redondo, said that she "respects," but does not share, the court's ruling.

"We may be giving a bad message to the citizens and women of this country. They must be able to report [sexual crimes], they must report [them] and they must know that their voice and their word are credible and that they are supported by the law."

Alves’ right to compensation

Now that he has been acquitted, Dani Alves is entitled to seek financial compensation for his 405-day imprisonment.

Under Spanish law, he can apply for compensation one year after his acquittal, with eligible amounts ranging from €25 to €50 per day. This means that he could receive between €10,125 and €20,250.

The Spanish Ministry of Justice is responsible for reviewing his claim and has six months to respond. It can approve the full amount, reject the request, or propose an alternative sum.