Alves case: the pernicious effects of acquittal

From the outset, we fully acknowledge the difficulty of judging cases like that involving former Barça player Dani Alves, who was convicted in the first instance of rape and now acquitted by the High Court of Justice of Catalonia. In a case like this, in which the events occurred inside a restroom without witnesses, the key ultimately lies in the credibility of the protagonists' account. The Barcelona Court did believe the complainant, and also made something very important clear about what could be seen in the images recorded at the nightclub: "The fact that she danced suggestively, that she moved her buttocks closer to the accused, or that she was able to embrace him does not suggest that she was offering her comfort."

The court that reviewed and overturned the conviction, however, did take into account what was seen on the security cameras and used it as the main argument to point out "inconsistencies" and, ultimately, undermine the complainant's credibility. The court states that more conclusive evidence would be needed to convict. Perhaps so. But it's also true that such evidence, in certain contexts, is very difficult to obtain because the attacks often occur in places where there are no cameras or witnesses. Therefore, the key is the consistency of the accounts and the witnesses.

As we said at the beginning, it is very difficult to know the truth with 100% certainty, but what is undeniable is that this acquittal has very pernicious effects because it discourages rape complaints in cases where it is one person's word against the other's. And even more so if that "other" is a famous person with resources, as is the case with Alves. Now, any rape victim will think long and hard before filing a complaint because they know they face the risk of being discredited by the judges, and even being accused of making a false complaint.

The data in this regard are clear: the percentage of false rape complaints with respect to the total number of sexual assaults that occur is minuscule, as all official statistics show. That is to say, aside from this specific case, the main problem today is the impunity of abusers, which makes women afraid to report, without ruling out the possibility of specific cases involving men being falsely accused.

And what must be made crystal clear, despite rulings like this one, is that women have the right to say no at any point in their relationship. And they have the right to go out and have a good time without being forced to do anything against their will. Consent must be explicit. This is a great victory for the feminist movement that cannot be undermined now by this specific case, which, moreover, will surely end up being reviewed by a higher court like the Supreme Court.