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Prosecutors in Spain have lodged an appeal at the country’s Supreme Court against the decision to overturn Dani Alves’ rape conviction, describing the ruling as “irrational” and accusing the court of undermining the accuser’s credibility.
The former Brazil and Barcelona footballer had been handed a four-and-a-half-year prison sentence in February 2023 after being found guilty of raping a woman in the VIP bathroom of a Barcelona nightclub on New Year’s Eve 2022. Alves has always claimed the encounter was consensual.
However, the conviction was quashed by a Barcelona appeals court in March this year, sparking widespread backlash from feminist groups and sections of Spain’s left-wing government. The appeals court cited inconsistencies and a lack of conclusive evidence in the trial, concluding that guilt had not been proven beyond doubt.
In their formal submission seen by AFP on Wednesday, Spanish prosecutors harshly criticised the reasoning behind the appeals court’s decision, claiming it was based on a “thoughtless and irrational assessment” of the evidence. They particularly took issue with the interpretation of the complainant’s behaviour, as seen in CCTV footage, and suggested the verdict implied outdated and harmful assumptions.
“It seems to revive the medieval idea that if a woman drinks with a man, she consents to everything,” prosecutors argued. “That’s clearly not the case—she only consents to drinking.”
They further accused the court of subjecting the woman to a “moral conviction,” casting doubt on her trustworthiness and placing her in a “cruel” position by effectively shifting the burden of credibility onto her.
Dani Alves spent over a year in custody following his arrest in January 2023 but was released in March 2024 after paying a €1 million bail while awaiting the outcome of the appeal.
The 41-year-old, once a mainstay in Barcelona’s dominant squad of the 2010s, enjoyed a decorated career that included Champions League and domestic triumphs with clubs such as Barcelona, Juventus, and Paris Saint-Germain. He also earned 126 caps for Brazil.
