Kelvin Bowoto
A Spanish court has determined that Dani Alves, a former Barcelona and Brazil footballer, can be freed on condition after completing almost a fifth of his rape sentence.
Alves, who was sentenced to four and a half years in prison last month, will be released on a bond of €1 million (£853,000).
He had been in pretrial detention since January 2023.
The 40-year-old was found guilty of raping a woman in a Barcelona nightclub in December 2022.
His release is contingent on him surrendering both his Brazilian and Spanish passports, which will prevent him from leaving Spain.
In addition, he must appear in court once a week.
The court also issued a restraining order, banning him from approaching the victim.
The verdict came a day after Alves’ counsel requested his release, citing the fact that he had already served a quarter of his sentence in pre-trial custody following his arrest.
The verdict, which was not unanimous due to a dissenting vote by one of the judges, is still subject to appeal.
During last month’s trial, prosecutors claimed Alves and a friend bought champagne for three young women before luring one of them to a VIP area of the nightclub with a toilet she was unaware of.
They claimed that at this time he became violent, pushing the woman to have sex despite her repeated efforts to resist.
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Alves had stated that she could have left “if she wanted to.”. However, the court determined that she did not consent.
The “Only Yes is Yes” principle has just been included in Spanish legislation, emphasizing the importance of consent.
According to a court statement, there was evidence other than the victim’s testimony that established she had been raped.
It stated that Alves had “abruptly grabbed the complainant” and flung her to the ground. He then raped her while preventing her from moving since “the complainant said no and wanted to leave,” the report stated.
The woman stated that the rape had caused her “anguish and terror,” and one of her friends who was with her that night reported the 23-year-old crying “uncontrollably” after leaving the restroom.
Alves amended his evidence on several occasions.
He initially denied knowing his accuser, only to subsequently say that he met her in the restroom but that nothing had occurred between them.
He subsequently modified his version of events, claiming that they had consented to intercourse. “We were both enjoying ourselves,” he claimed.
Alves played almost 400 games for Barcelona, winning six league titles and three Champions Leagues during his two stints there. He also played for Brazil in the 2022 World Cup.
He has won titles with Sevilla, Juventus, and PSG and is one of Brazil’s most-capped internationals, with 126 matches.
Techrectory with Agency Report.
