FORMER Man City star Robinho will finally serve his nine-year prison sentence for gang rape committed in Italy, Brazil’s Supreme Court has ruled.
Italy issued an international arrest warrant for Robinho, but the former Premier League star avoided a seven-year prison sentence while living in Sao Paulo.
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In 2017, Robinho was convicted of gang rape in 2013 and has been free since thenCredit: AFP
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Former Premier League footballer to serve sentence in BrazilCredit: Getty
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The former Brazilian ace was playing for AC Milan at the time of the rape Credit: AP: Associated Press
Convicted in 2017, he will now serve his sentence in Brazil at the request of Italian authorities in an unprecedented move.
The former Santos star says he is innocent.
But today the Brazilian Supreme Court of Justice (STJ) reconsidered Italy’s request.
Nine out of 15 ministers voted in favor of the player serving his sentence in his homeland – forming a simple majority and sealing the footballer’s fate.
They did not judge whether the player was guilty or innocent, but whether he should serve his sentence in Brazil or not.
Robinho will now be jailed immediately, Globo reports.
Convicted in Italy
Robinho was one of a group of six men who were convicted of sexually assaulting an Albanian woman at the club on 22 January 2013 during his spell with AC Milan.
He was found guilty in November 2017 in an Italian court and has made several unsuccessful appeals over the years.
Under Italian law, his sentence will not begin until the appeals process is completed.
The Brazilian constitution does not normally allow the extradition of its citizens who have been convicted abroad.
Which means that until today the 40-year-old would only face actual arrest if he traveled abroad.
Last November, Italian prosecutors said they believed Robinho should serve his sentence in Brazil.
Former Man City star Robinho returns to boyhood club Santos on just £200 a month
The Robinho Rape Case: A Timeline
The rape case involving the Brazilian football player Robinho has been going on for several years. Here’s a quick timeline:
- 2014: Brazilian media reported allegations against Robinho, but no formal charges were brought at the time.
- 2017: Robinho was found guilty by an Italian court of sexual assault and sentenced to nine years in prison. However, he denied the charges and appealed the verdict.
- 2020: After an appeal, Robinho’s sentence was upheld by an Italian court. However, due to the statute of limitations in Italy, he was not extradited to serve his sentence.
- 2022: Robinho’s prison sentence is upheld.
- March 2023: Robinho surrenders his passport to the authorities
- November 2023: Italian prosecutors say they believe Robinho should serve his sentence in Brazil.
- March 20, 2024: Brazil’s high court formed a simple majority and voted for Robinho to serve his sentence in his home country.
Brazil previously argued that he should serve his sentence in Italy, arguing that it would represent joint efforts to fight crime and judicial cooperation.
Robinho, whose full name is Robson de Souza, currently lives in Sao Paulo and surrendered his passport to authorities in March 2023 after his prison sentence was confirmed in 2022.
He returned home to prison
Carlos Nicodemos, a lawyer for the Brazilian Union of Women (UBM), was the first to speak at the STJ this afternoon.
Speaking on behalf of UBM, he advocated that Robinho serve his sentence in Brazil.
Nicodemos cited the high number of rape cases in Brazil to argue in favor of serving time in the country and cited the Spanish court’s decision to allow Daniel Alves, who was convicted of rape in Spain, to be released after posting bail of €1 million ( 853,000 pounds).
“We are not talking about something new, we are talking about something that is applied in the Brazilian jurisdiction,” he said.
“From the position I occupy, as a friend of the court lawyer, it is necessary to understand that the process of ratifying a foreign decision is the recognition of the premises of a civilized state.
“I conclude by considering the need to understand that all individual guarantees are given and that these are women’s human rights, in a context that normalizes and trivializes rape and violence against them.
“The state needs to give answers and I know that we will find that answer here”.
José Eduardo Rangel De Alckmin, Robinho’s lawyer, began his argument by citing the Constitution and arguing that Robinho should be tried in Brazil.
“The process must take place in Brazil,” said Alckmin.
“I insist that this in no way constitutes impunity. He will have the right to be sued in Brazil and answer here for the acts attributed to him. It is the right of every Brazilian citizen.”
Alckmin recalled the ban on the extradition of Brazilian citizens as an argument that prevents the execution of a foreign sentence in the country.
“It is expressed in the contract, it excludes the possibility of execution of penalties,” he said. “It is an irrefutable argument.”
The athlete’s defense also said that an accurate understanding of the process in Italy “was a little bit off”.
“The idea that the accused group induced the victim to drink in order to take advantage of her. But in sentencing, another fact is mentioned, the inconvenience, when the person is unable to react.
“Facts change. I’m not going to say there’s a loss because the whole process wasn’t there, but there’s that information recorded in the sentence,” he said.
These are the human rights of women, in a context that normalizes and trivializes rape and violence against them.
Carlos Nicodemos
The Federal Public Ministry (MPF), represented by Hindenburgo Chateaubriand Pereira Diniz Filho, was the last to speak.
The MPF, which had already issued an opinion in favor of upholding the sentence, reinforced its position by saying that all legal requirements for Robinho’s execution to be transferred to Brazil were met and rejected Robinho’s defense arguments.
“There is no evidence that the sentence handed down by the Italian court violated the rights of the convicted person or that the legal process was not respected,” he said.
“I remember that, in this context, the rules of the foreign country do not have to be the same as the rules of the country where the decision is made. It is an elementary rule of international cooperation.”
Claims of innocence
Robinho, who has maintained his innocence, accused the Italian justice system of “racism” and said the 2013 encounter was “consensual”.
On Sunday, he told Brazil’s TV Record network: “I hope to be able to have a voice here in Brazil that I didn’t have there.”
“I never denied it (the meeting). I could have denied it because my DNA wasn’t there, but I’m not a liar.
“I played for four years in Italy and I got tired of stories about racism. The same people who do nothing about racism, and whom I reject, are the ones who condemned me.”
A Brazilian news outlet previously published audio recordings obtained by Italian authorities of Robinho discussing the case with friends.
In one clip, he says, “We’re going to punch her in the face. You’re going to punch her in the face and say, ‘What did I do to you?'”
And in the second: “That’s why I’m laughing, I don’t care at all.”
– The girl was very drunk, she doesn’t even know who I am.
A further leaked conversation shows him saying: “If this gets in the press, I’m going to be screwed.”
I hope to have a voice here in Brazil that I didn’t have there [in Italy]
Robinho
Robinho has played for clubs including Real Madrid, Manchester City and AC Milan and has signed a contract to return to his first club in Brazil, Santos, in 2020.
However, the deal fell apart almost immediately after the sponsors allegedly threatened to end relations with the club for signing a contract with a player convicted of rape.
Speaking after Santos’ announcement, the forward admitted on Instagram: “Guys, this is Robinho.
“Of course, with a lot of sadness in my heart, I am here to tell you that I have made the decision with the president of the club to suspend my contract in this difficult period of my life.
“My goal has always been to help Santos football club and if I stand in the way in any way, it’s best to leave and focus on my personal things.”
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The Brazilian will be jailed immediately Credit: AFP or licensors
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Robinho filmed in 2012 while at AC MilanCredit: Reuters
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