The initial “yes means yes” law of former minister Irene Montero, in force when Daniel Alves committed the rape of Sutton, has allowed him to benefit from a sentence of four and a half years in prison because it reduced the minimum sentence for the crime of sexual assault, which is now back to six.
To set the sentence for Alves, to whom the mitigating mitigation of reparation for damage applies, section 21 of the Barcelona Court is based on the most favorable punitive framework for the accused: articles 178 and 179 of the Penal Code, in accordance with the initial drafting of the “only yes means yes” law, before the PSOE agreed with the PP to reform it.
And the footballer committed the rape on the night of December 30, 2022, when Irene Montero's “only yes means yes” law had been in effect for two months, which was reformed in March 2023. with the votes of PSOE and PP – and the opposition of Unidas Podemos – after the controversy caused by the unexpected reductions in sentences and releases of rapists.
Montero's law supported consent as the axis of sexual violence and united into a single crime what was previously two -sexual abuse and rape-, thereby reducing the minimum sentence to four years in prison and extending the maximum to twelve. .
Six months later, the PSOE promoted its bill to reform the legal aspects that had aroused the most controversy and once again set the minimum penalty for violations committed with violence and intimidation at six years in prison, as provided for in the legislation before the changes promoted by the former Minister of Equality.
Why a Spanish law favored Dani Alves
In the case of Alves, the court remembers that Montero's penal reform “it is more favorable to the accused, by establishing a broader punitive framework but a lower lower limit”, so, by recognizing the mitigating factor of reparation for the damage, the sentence is four and a half years in prison.
The Prosecutor's Office requested nine years in prison for the Brazilian international, for whom they did not recognize any mitigating circumstances, while the private accusation brought by the victim raised it to twelve years in prison, the maximum penalty under the legislation in force at the time.
The reforms promoted by the PSOE to the “only yes means yes” law, which opened a gap with its government partners of Unidas Podemos, maintained sexual assault as the only type, but increased the minimum sentences that had led to the reduction of sentences. of sexual offenders by rescuing the forks of the previous Penal Code.
On the other hand, the paradigm imposed by the Montero law, which establishes the lack of consent as the axis of crimes against sexual freedom, has nevertheless been key to condemning Dani Alves, the first media case of rape that has come to light. trial under the law of “only yes means yes”.
In fact, the sentence itself recognizes that in crimes of sexual assault it is not necessary for there to be “physical injuries, nor for there to be evidence of heroic opposition on the part of the victim to having sexual relations.” And in this case, according to the court, it is “more than evident” that there was violence to “force the will” of the young woman.
Why could Dani Alves be free before four and a half years?
The Spanish newspaper Marca also revealed that Alves could even be released before the four years and six months to which he was sentenced expire. The Brazilian entered prison on January 20, 2023 and the time he has been detained counts towards serving that sentence.
“The Penitentiary Surveillance Judge could grant the accused, the player Dani Alves, prison permits in one year and three months, having already served a period of the sentence,” Marca published.
Alves could receive discounts for “good behavior, the continuous development of cultural or occupational activities in prison, and having paid the civil liability derived from the crime (the 150,000 euros already paid to the victim).”
If these factors are met, Alves could be released in May 2025. But if he does not succeed, he could be released from prison after serving two-thirds of his sentence, and that would occur in January 2026, according to Marca's version.
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