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Spanish court overturns soccer player Dani Alves' rape conviction on appeal

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Spanish court overturns soccer player Dani Alves' rape conviction on appeal
Sport

Sport

Spanish court overturns soccer player Dani Alves' rape conviction on appeal

2025-03-28 23:39 Last Updated At:23:41

BARCELONA, Spain (AP) — Brazilian soccer player Dani Alves won his appeal against a sexual assault conviction as a Spanish court overturned the ruling Friday in a case that lasted more than three years and saw the former Barcelona defender spend 14 months in jail.

Alves was found guilty in February 2024 of raping a woman in a nightclub in December 2022 and sentenced to four years, six months in prison. Alves denied wrongdoing during the three-day trial.

That court ruled Friday that there was “insufficient evidence” to rule out Alves' presumption of innocence.

“Dani Alves is innocent, and that has been proven,” his defense lawyer Inés Guardiola told Catalan radio RAC1. “Justice has finally been served.”

The plaintiff's lawyer did not immediately respond to The Associated Press when emailed and messaged asking for comment.

The Alves trial was the first high-profile case since Spain overhauled its laws in 2022 to make consent central to defining a sex crime in response to an upswell of protests after a gang-rape case during the San Fermin bull-running festival in Pamplona in 2016.

The legislation popularly known as the “only yes means yes” law defines consent as an explicit expression of a person’s will, making it clear that silence or passivity do not equal consent.

But the four judges of a Barcelona-based appeals court ruled unanimously to overturn the conviction after reviewing the evidence and testimonies given to the lower court. In their ruling, they wrote that the testimony of the plaintiff “differed notably” from evidence of video footage taken before the woman and Alves entered the bathroom where she said he forced her to have sex without her consent.

Before last year's trial, the alleged victim told state prosecutors that she had danced with Alves at the nightclub and willingly entered the bathroom, but that later when she wanted to leave he would not let her. She said he slapped her, insulted her and forced her to have sex against her will.

Alves denied those accusations at the three-day trial.

“She never told me to stop. We were both enjoying ourselves,” Alves said, while repeating that the woman never asked to leave or made any indication that she did not want to have sex with him. He also denied having slapped or insulted her.

Alves, now 41, was kept in jail from Jan. 20, 2023 until March 2024 until he was released after paying 1 million euros (then $1.2 million) for bail while awaiting his appeal. He also handed over his passports, with prosecutors having argued against releasing him on bail because of a possible flight risk.

Prosecutors wanted his prison sentence increased to nine years while the victim’s lawyer wanted him to stay behind bars for 12 years.

This decision could be appealed to the Spanish supreme court in Madrid.

Alves was one of the most successful players of his generation and won dozens of titles with elite clubs including Barcelona, Juventus and Paris Saint-Germain. He also helped Brazil win two Copa Americas and an Olympic gold medal at age 38. He played at his third World Cup, the only major title he hasn’t won, in 2022. He played for Barcelona from 2008-16, helping the team win three Champions Leagues and six Spanish leagues, and briefly rejoined the club in 2022. He still has a residence near the city.

He was with Mexican club Pumas when he was arrested. Pumas terminated his contract immediately.

AP soccer: https://apnews.com/hub/soccer

FILE - Brazilian soccer star Dani Alves, right, leaves Brians 2 penitentiary center in Sant Esteve Sesrovires, near Barcelona, northeast, Spain, Monday, March 25, 2024. (AP Photo/Emilio Morenatti, file)

FILE - Brazilian soccer star Dani Alves, right, leaves Brians 2 penitentiary center in Sant Esteve Sesrovires, near Barcelona, northeast, Spain, Monday, March 25, 2024. (AP Photo/Emilio Morenatti, file)

WASHINGTON (AP) — President Donald Trump's photo portrait display at the Smithsonian's National Portrait Gallery has had references to his two impeachments removed, the latest apparent change at the collection of museums he has accused of bias as he asserts his influence over how official presentations document U.S. history.

The wall text, which summarized Trump's first presidency and noted his 2024 comeback victory, was part of the museum's “American Presidents” exhibition. The description had been placed alongside a photograph of Trump taken during his first term. Now, a different photo appears without any accompanying text block, though the text was available online. Trump was the only president whose display in the gallery, as seen Sunday, did not include any extended text.

The White House did not say whether it sought any changes. Nor did a Smithsonian statement in response to Associated Press questions. But Trump ordered in August that Smithsonian officials review all exhibits before the nation celebrates the 250th anniversary of the Declaration of Independence on July 4. The Republican administration said the effort would “ensure alignment with the president’s directive to celebrate American exceptionalism, remove divisive or partisan narratives, and restore confidence in our shared cultural institutions.”

Trump's original “portrait label," as the Smithsonian calls it, notes Trump's Supreme Court nominations and his administration's development of COVID-19 vaccines. That section concludes: “Impeached twice, on charges of abuse of power and incitement of insurrection after supporters attacked the U.S. Capitol on January 6, 2021, he was acquitted by the Senate in both trials.”

Then the text continues: “After losing to Joe Biden in 2020, Trump mounted a historic comeback in the 2024 election. He is the only president aside from Grover Cleveland (1837– 1908) to have won a nonconsecutive second term.”

Asked about the display, White House spokesman Davis Ingle celebrated the new photograph, which shows Trump, brow furrowed, leaning over his Oval Office desk. Ingle said it ensures Trump's “unmatched aura ... will be felt throughout the halls of the National Portrait Gallery.”

The portrait was taken by White House photographer Daniel Torok, who is credited in the display that includes medallions noting Trump is the 45th and 47th president. Similar numerical medallions appear alongside other presidents' painted portraits that also include the more extended biographical summaries such as what had been part of Trump's display.

Sitting presidents are represented by photographs until their official paintings are commissioned and completed.

Ingle did not answer questions about whether Trump or a White House aide, on his behalf, asked for anything related to the portrait label.

The gallery said in a statement that it had previously rotated two photographs of Trump from its collection before putting up Torok's work.

“The museum is beginning its planned update of the America’s Presidents gallery which will undergo a larger refresh this Spring,” the gallery statement said. “For some new exhibitions and displays, the museum has been exploring quotes or tombstone labels, which provide only general information, such as the artist’s name.”

For now, references to Presidents Andrew Johnson and Bill Clinton being impeached in 1868 and 1998, respectively, remain as part of their portrait labels, as does President Richard Nixon's 1974 resignation as a result of the Watergate scandal.

And, the gallery statement noted, “The history of Presidential impeachments continues to be represented in our museums, including the National Museum of American History.”

Trump has made clear his intentions to shape how the federal government documents U.S. history and culture. He has offered an especially harsh assessment of how the Smithsonian and other museums have featured chattel slavery as a seminal variable in the nation's development but also taken steps to reshape how he and his contemporary rivals are depicted.

In the months before his order for a Smithsonian review, he fired the head archivist of the National Archives and said he was firing the National Portrait Gallery's director, Kim Sajet, as part of his overhaul. Sajet maintained the backing of the Smithsonian's governing board, but she ultimately resigned.

At the White House, Trump has designed a notably partisan and subjective “Presidential Walk of Fame” featuring gilded photographs of himself and his predecessors — with the exception of Biden, who is represented by an autopen — along with plaques describing their presidencies.

The White House said at the time that Trump himself was a primary author of the plaques. Notably, Trump's two plaques praise the 45th and 47th president as a historically successful figure while those under Biden's autopen stand-in describe the 46th executive as “by far, the worst President in American History” who “brought our Nation to the brink of destruction.”

Barrow reported from Atlanta.

People react to a photograph of President Donald Trump on display at the Smithsonian's National Portrait Gallery's "American Presidents" exhibit on Sunday, Jan. 11, 2026 in Washington. (AP Photo/Rod Lamkey, Jr.)

People react to a photograph of President Donald Trump on display at the Smithsonian's National Portrait Gallery's "American Presidents" exhibit on Sunday, Jan. 11, 2026 in Washington. (AP Photo/Rod Lamkey, Jr.)

Visitors to the National Portrait Gallery walk past the portrait of President Donald Trump, Sunday, Jan. 11, 2026, in Washington. (AP Photo/Rod Lamkey, Jr.)

Visitors to the National Portrait Gallery walk past the portrait of President Donald Trump, Sunday, Jan. 11, 2026, in Washington. (AP Photo/Rod Lamkey, Jr.)

Visitors stop to look at a photograph of President Donald Trump and a short plaque next to it are on display at the Smithsonian's National Portrait Gallery's "American Presidents" exhibit on Sunday, Jan. 11, 2026 in Washington. (AP Photo/Rod Lamkey, Jr.)

Visitors stop to look at a photograph of President Donald Trump and a short plaque next to it are on display at the Smithsonian's National Portrait Gallery's "American Presidents" exhibit on Sunday, Jan. 11, 2026 in Washington. (AP Photo/Rod Lamkey, Jr.)

A photograph of President Donald Trump and a short plaque next to it are on display at the Smithsonian's National Portrait Gallery's "American Presidents" exhibit on Sunday, Jan. 11, 2026 in Washington. (AP Photo/Anna Johnson)

A photograph of President Donald Trump and a short plaque next to it are on display at the Smithsonian's National Portrait Gallery's "American Presidents" exhibit on Sunday, Jan. 11, 2026 in Washington. (AP Photo/Anna Johnson)

President Donald Trump speaks during a meeting with oil executives in the East Room of the White House, Friday, Jan. 9, 2026, in Washington. (AP Photo/Evan Vucci)

President Donald Trump speaks during a meeting with oil executives in the East Room of the White House, Friday, Jan. 9, 2026, in Washington. (AP Photo/Evan Vucci)

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