Dani Alves case: complainant and prosecution resort to the Supreme Court

The young woman who denounced Dani Alves for rape has announced her decision to resort to the absolutory sentence of the former soccer player before the Supreme Court of Spain. This action adds to the appeal presented by the Prosecutor’s Office, which also considers that the judgment of the Superior Court of Justice of Catalonia (TSJC) violates legal and constitutional precepts.

• Appeal of the complainant:
  • The lawyer of the complainant, Ester García, confirmed that the intention of Dani Alves’s acquittal has been notified to the Supreme Court.
  • The complainant will formalize his appeal in the next few days, presenting detailed arguments against the sentence.
• Prosecutor’s Office:
  • The Prosecutor’s Office had already announced its intention to resort, based its appeal on the violation of legal and constitutional precepts.
  • Since the Supreme Court cannot review the evidence of the case, the appeal will focus on legal issues.
• • The TSJC acquitted Alves, contradicting the resources of the accusations, considering that the victim’s testimony was not «reliable» and that there were not enough evidence to distort his presumption of innocence.
  • The complainant had requested a sentence of twelve years in prison, questioning the mitigating repair of the damage applied to Alves.
• Reactions to acquittal:
  • Absolution generated criticism, even from the Spanish government.
  • The president of the TSJC, Mercè Caso, asked for respect for judicial resolutions.
• Supreme Court’s action margin:
  • The Supreme Court has a limited margin to review the acquittal, since it cannot impose a conviction on a ruling of these characteristics.
  • If the Supreme Court considers that acquittal is based on erroneous arguments, it could order a new trial with a different court.

In summary, both the complainant and the Prosecutor’s Office are appealing the acquittal of Dani Alves, focusing on alleged legal and constitutional violations, hoping that the Supreme Court revokes the sentence and orders a new trial.