(Photo : ALBERTO ESTEVEZ/POOL/AFP through Getty Images) Brazilian footballer Dani Alves appears down throughout his trial on the High Court of Justice of Catalonia in Barcelona, on February 5, 2024. Alves, a former star at Barca and PSG, goes on trial in Barcelona accused of raping a girl in an area nightclub. Prosecutors are asking for a nine-year jail sentence, adopted by 10 years of conditional liberty. They are additionally asking he pay 150,000 euros ($162,000) in compensation to the girl.
The soccer world received a shock when a Barcelona court docket launched the decision on Dani Alves’ rape trial.
The former hometown hero was discovered responsible of raping a 23-year-old lady and was sentenced to 4 years and 6 months in a Spanish jail.
He was tried below the brand new legislation referred to as “ley del solo sí es sí” or “Only sure is sure legislation,” handed in August 2022, 4 months earlier than the crime dedicated by the previous Barcelona star.
This legislation makes an attempt to make consent-an specific expression of an individual’s will-the deciding issue to take away the excellence between sexual aggression (rape) and sexual abuse. The defendant should be capable to show that sexual consent was offered for his or her contact by the sufferer, with passivity and silence now categorically invalidated as a protection.
It states: “Consent can only be considered consent when it has been freely manifested through actions that, in accordance with the circumstances, clearly express the person’s wishes.”
The legislation was handed within the wake of the La Manada rape case that came about in 2016 in Pamplona.
The nation was outraged after a bunch of 5 males discovered responsible of gang-raping an 18-year-old lady received away with lesser expenses as a result of there was no violence or intimidation concerned.
Dani Alves’ protection and verdict
The Brazilian participant’s trial was carried out this month.
The court docket additionally ordered him to pay the sufferer $162,000 in compensation, and he was banned from contacting the sufferer for 9 years and approaching her house.
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He was introduced when the court docket dropped the decision.
Inés Guardiola, the lawyer for Alves, used video footage to defend the shopper, saying the girl danced with the sports activities character “with sexualized movements” and “showed her interest” in him.
However, the “Only Yes is Yes” legislation bypasses that reasoning. The sufferer’s lawyer, Ester García, stated that the habits earlier than the incident was irrelevant.
“We are satisfied because this verdict recognizes what we have always known, that the victim told the truth and that she has suffered,” one other member of the sufferer’s authorized group stated.
Dani Alves’ verdict might have been longer
The authorized group of the Brazilian sought his acquittal or solely obtain a one-year sentence plus $54,000 compensation for the sufferer.
He acquired one thing longer than that, however the victims’ camp thought 4 years and 6 months in jail was not sufficient.
A rape case ought to obtain 4 to 12 years earlier than the “Only Yes is Yes” Law, however it was raised six to 12 years after it.
David Sáenz, who represents the sufferer, stated they might attraction Dani Alves’ verdict, saying the $162,000 compensation doesn’t cowl the hurt carried out.
“Clearly (it does not compensate), but that is what the court decided,” Sáenz stated. “We have to examine the sentence to see if its contents are adequate for his acts.”
This improvement within the lifetime of Dani Alves turns again what might’ve been a legendary soccer profession.
He gained 43 titles in 22 years, together with his greatest years with FC Barcelona.
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