Alves’ lawyer, Ines Guardiola, filed an appeal against the sentence and requested his release on bail until the final sentencing. The bail conditions state that Alves must not communicate with the victim, nor go within a kilometre of her.
The former Brazil international must also hand in his Brazilian and Spanish passports. He will make a weekly appearance in court.
The bail ruling can still be appealed by the public prosecutor’s office and the victim. Luis Belesta, the magistrate who conducted Alves’ sentencing, says he disagrees with the bail.
Barcelona’s top court found Alves guilty of raping a young woman in a nightclub bathroom in the early hours of New Year’s Eve, 2022. He had initially been arrested in January 2023.
The 40-year-old was sentenced to four-and-a-half years in prison and a further five years of supervised freedom upon his release. He has paid £128,000 to the victim in addition to legal fees.
A court statement said upon the conclusion of the trial in February: “The ruling considers that it has been proven that the victim did not consent and that there are elements of evidence, in addition to the testimony of the complainant, to understand rape occurred.”
Spanish public prosecutors had been seeking a nine-year prison term for Alves. A member of the victim’s prosecution, David Saenz, said: “We are not satisfied with the sentence. We have to consider whether the severity of the sentence is commensurate with the gravity of the facts that have now been proven.”
Alves’s lawyer responded to the sentence by saying: “I still believe in Mr Alves’ innocence and we will defend it to the end.”
The ex-defender’s defence during the trial had centred around trying to prove that he was drunk when he met the woman. He changed his story on several occasions, initially claiming that he did not know the accuser. Alves later insisted that while he had indeed met her in the bathroom, no sexual relations had taken place.
Alves is one of the most decorated players in world football. With Barcelona, he won six La Liga titles and three Champions Leagues. He represented Brazil in three World Cups, including in 2022 at the age of 39.
