The Brazilian footballer Dani Alves has been sentenced to four years and six months in prison for the rape he committed at the Sutton nightclub on the night of December 30, 2022.. The judge has considered the facts proven and has also imposed 5 years of supervised release, removal and incommunicado detention of the victim for 9 years and 6 months, as well as compensation of 150,000 euros and payment of costs.
From the court They consider it proven that the accused suddenly grabbed the complainant, threw her to the ground and, preventing her from moving, penetrated her vaginally, even though the complainant said no, that she wanted to leave.. This complies with the type of absence of consent, with the use of violence, and with carnal access, they add.
A sentencing announcement that has been analyzed by Csar Lage, an expert lawyer who, in statements to AS, has assured that Dani Alves has been sentenced by article 179.1 of the Penal Code, which is punishable by four to twelve years in prison. Now, why then is he given a sentence of four and a half years? The sentence is applied in its lower half, which is three to six years, with which the court applies four and a half years in prison for the mitigating circumstance of article 21.5.which speaks of the reparation of the damage caused to the victim.
A mitigating factor that is repaired precisely with the payment of that compensation of 150,000 euros that the victim did not want, but which the court established as civil liability. Once the damage is repaired, that mitigating factor of 21.5 is applied, and then applying 66.1, The sentence is applied in its lower half, which is three to six years, with which the court applies four and a half years of prisonade.
César indicates that the Provincial Court of Barcelona arrives at that sentence through the assessment of the victim, which they consider is sufficient for conviction because They consider that there is sufficient peripheral corroboration that gives rise to the veracity of the victim’s statement.. The judges considered that this consent of the victim does not exist and article 179 should apply.
Two mitigating circumstances could have left Alves free
Furthermore, César Lage points out that the court denies the mitigating circumstance of being under the influence of alcohol because this could have caused the footballer to be released: They deny what the defense (of Alves) wanted to apply, because if they applied two mitigating circumstances, the sentence would be two degrees lower, so it would have been almost minimal, and if it had been less than two years, he would not go to prison., remaining free for not having a criminal record. That’s why What the defense wanted to do, very cleverly, was also apply the mitigating circumstance of being under the influence of alcohol.but it has not been taken into account by the court because at the time of the commission of the criminal act, Dani Alves really knew what he was doing.
Regarding the prison in which Alves will serve his sentence, the lawyer points out that it will be the closest to the defendant’s homeinsisting on the accessory measures that are applied in his sentence.
Now, waiting for the ruling to be issued (it should be noted that what the Superior Court of Justice of Catalonia has published is the statement) will take place a hearing to determine if the accused is really granted provisional release that Ins Guardiola asked for in the last session of the trial.
A view in which, in the words of Csar Lage, They are not going to give him provisional release due to the risk of the accused fleeing.highlighting the little roots it has in Spain, its high economy, as well as the fact that in Brazil, its country of origin, there is no extradition.
