Dani Alves Verdict Is First High-Profile Case Under 'Only Yes Means Yes' Law—Why Did He Receive Shorter Sentence?

The football world got a shock when a Barcelona court released the verdict on Dani Alves' rape trial.

The former hometown hero was found guilty of raping a 23-year-old woman and was sentenced to four years and six months in a Spanish jail.

He was tried under the new law called "ley del solo sí es sí" or "Only yes is yes law," passed in August 2022, four months before the crime committed by the former Barcelona star.

This law attempts to make consent-an explicit expression of a person's will-the deciding factor to remove the distinction between sexual aggression (rape) and sexual abuse. The defendant must be able to prove that sexual consent was provided for their contact by the victim, with passivity and silence now categorically invalidated as a defense.

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 law was passed in the wake of the La Manada rape case that took place in 2016 in Pamplona.

The country was outraged after a group of five men found guilty of gang-raping an 18-year-old woman got away with lesser charges because there was no violence or intimidation involved.

Dani Alves' defense and verdict

The Brazilian player's trial was conducted this month.

The court also ordered him to pay the victim $162,000 in compensation, and he was banned from contacting the victim for nine years and approaching her home.

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He was presented when the court dropped the verdict.

Inés Guardiola, the lawyer for Alves, used video footage to defend the client, saying the woman danced with the sports personality "with sexualized movements" and "showed her interest" in him.

However, the "Only Yes is Yes" law bypasses that reasoning. The victim's lawyer, Ester García, said that the behavior before 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," another member of the victim's legal team said.

Dani Alves' verdict could have been longer

The legal team of the Brazilian sought his acquittal or only receive a one-year sentence plus $54,000 compensation for the victim.

He received something longer than that, but the victims' camp thought four years and six months in prison was not enough.

A rape case should receive four to 12 years before the "Only Yes is Yes" Law, but it was raised six to 12 years after it.

David Sáenz, who represents the victim, said they would appeal Dani Alves' verdict, saying the $162,000 compensation does not cover the harm done.

"Clearly (it does not compensate), but that is what the court decided," Sáenz said. "We have to examine the sentence to see if its contents are adequate for his acts."

This development in the life of Dani Alves turns back what could've been a legendary football career.

He won 43 titles in 22 years, including his best years with FC Barcelona.

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