The judge of the ‘Asunta Case’ thinks without filters about the acquittal of Dani Alves: “Sometimes it seems that the judges are macho”

Dani Alves’s acquittal, sentenced to 4 years and 6 months in prison for sexually assault To a young woman in December 2022, she has copied the gatherings and television programs this Friday. And it is that the Appeals Section of the Superior Court of Justice of Catalonia has notified today that unanimously revokes The sentence that condemned the former player of FC Barcelona in February 2024.

In the sentence, the Court Unanimously estimated the resource presented by the footballer’s defensewhich is exercised by lawyer Inés Guardiola, and dismisses those of the Prosecutor’s Office, who asked to raise the penalty to the 9 years in prison, and the private accusation, which requested to increase it to 12 years.

The sentence, which can be appealed in cassation before the Supreme Court, indicates a lack of reliability in the testimony of the complainant In the part of the story objectively verifiable and precise that in the face of “the evidence” is agreed, an acquittal and the precautionary measures adopted.

«We consider that the divergence between what was reported by the complainant and what really happened seriously compromises the reliability of your story», Underline the TSJC Appeals section.

The acquittal of Dani Alves has focused the television gatherings on Friday, in which expert collaborators have opined on the decision of the TSJC Appeals section. One of them has been Jose Antonio Vázquez Taín, Judge of the Asunta case, who has intervened in ‘Ana Rosa’s program’ to assess the sentence.

The opinion of the Judge of the ‘Asunta Case’ on the sentence of Alves

Ana Rosa has been surprised by the discrepancy between the judges who condemned Alves and the decision taken by the TSJC Court of Appeal by absolute unanimity. “It’s not so strange”Judge Vázquez Taín assured.

The magistrate explained how the process is. First, he said, the investigating judge «all he has to do is see If there are indicationsdo not have to assess whether those indications are enough to condemn or not ». Then the trial is celebrated and it is the court who has to resolve the case. In this regard, he said, the appeal that filed Alves’s defense before the TSJC “allows that court to assess all the conviction.”

Dani Alves’s case is especially delicate as it is a crime in which “it is The victim’s word against that of the aggressor because there are usually no witnesses and there are usually no injuries that demonstrate that this testimony has a credibility already.

In this sense, Judge Vázquez Taín has referred to the beginning of presumption of innocence“A constitutional right that has to be broken only with a sufficient, clear, firm and incontestable evidence.” In this way, he said, «the court has focused on seeing if those indications allow to break that presumption of innocence ».

Vázquez Taín explained in the Telecinco program that this new sentence does not determine that the testimony of the complainant is not valid. «I can believe a person and yet estimate that this is not enough to condemn someone For a crime as serious as a violation, ”he said.

«You have to read it because there are many nuances within sexual crimes, which Sometimes it seems that the judges are a bit macho And it is simply that we cannot have security to break the presumption of innocence, ”said the judge.

On whether it is common for the TSJC Appeals section to have decided to revoke the Alves’s sentence for unanimitythe judge explained that “traditionally” it always used to be like that. «The strange thing is not that, when they are convicted only 16-20% of sentences are revoked, that’s why They had it very clear», He said.

The reform of the law of ‘Solo yes is yes’

In addition, the judge has opined on the current law of sexual crimes, better known as Law of ‘Solo yes is yes’and that equals abuse and sexual aggression. «You have to give it a review And I think we would have to return to the above, that is, differentiate between those crimes with violence and call them abuse, and those who have violence and call them aggression, ”Vázquez Taín said.

In this sense, he pointed to the need to reform this law to include the permanent reviewable prison For repeat offenders and sexual predators: “There are a number of people who in this type of crimes are never reinserted.” «The law is not perfect, the problem is that we administer people and That responsibility is enormous», He concluded.