Former Brazilian footballer Dani Alves has begun serving a four and a half year sentence for rape after he was convicted in February, although that sentence is pending appeal. Both the state prosecutor and the victim have appealed the sentence too though.
As per Relevo, the state prosecution and the victim, both of which were defendants in the case, want Alves’ sentence increased. The 40-year-old was given that length of sentence based on the fact he had provided €150k in damages to the victim, which the judge considered an extenuating circumstance, and thus reduced the sentence.
The minimum sentence for the crime committed by Alves is four years, and the maximum is twelve. The victim’s lawyer have not yet formalised their appeal, but the state will argue that the €150k was not in line with the accused’s means, and as such should not be considered an extenuating circumstance. Equally, Alves has not accepted his sentence (pleading not guilty) or shown regret, meaning it cannot be considered reparative.
Meanwhile Alves’ defence continue to argue for bail until the appeals process is settled, and are trying to reduce the sentence yet further with their appeal. So far he has not been granted release since handing himself in late in January of 2023 as he has been considered a flight risk. If the court considers that the victim has been well compensated, Alves’ sentence could be reduced to just two years, over a year of which has already been served.
Even if the current sentence is maintained, Alves could be allowed to leave prison during the days as early as July of this year, while he could be allowed out of his sentence after serving three quarters of it should he qualify via good behaviour.
