Brazilian court to consider whether Robinho should serve rape sentence. GETTY IMAGES

Brazilian judges will consider on Wednesday whether former footballer Robinho should serve his sentence for rape in Brazil. He has maintained his innocence, saying he was convicted because of the colour of his skin.

Judges at the Superior Court of Justice (STJ) will consider the Italian judiciary's request to ratify a nine-year prison sentence handed down to the former AC Milan striker in 2017. In December 2020, the Milan court confirmed the sentence, which Robinho appealed against, and it was upheld by the Italian Supreme Court in 2022. 

The judges' decision, which could be announced on Wednesday, could set a precedent in a country that bans the extradition of its citizens, which many see as synonymous with impunity. However, it could be delayed if one of the judges asks for more time to analyse the case.

If he is found guilty, the 40-year-old former player is unlikely to be arrested immediately as the verdict will only become final after all appeals, including to the Supreme Court, have been exhausted, explained criminal lawyer Leonardo Pantaleão. 

Robson de Souza, popularly known as "Robinho", is free despite being convicted of raping a young Albanian woman who was celebrating her 23rd birthday in a Milan nightclub in 2013, when he was playing for AC Milan.

Sulley Muntari and Robinho (R) before a UEFA Champions League 2013 match. GETTY IMAGES
Sulley Muntari and Robinho (R) before a UEFA Champions League 2013 match. GETTY IMAGES

The former "Verdeamarelha" and Real Madrid footballer was in his native Brazil when the Italian court handed down its final verdict. On Sunday, he again defended his innocence and blamed his conviction on "racism".

"It was consensual. I have never denied it (the encounter). I could have denied it because my DNA wasn't there, but I'm not a liar," Robinho said in an interview with Brazilian TV Record. "We had a superficial and quick relationship. We kissed and then I went home. There were other people there. When I saw that she wanted to go on with other guys, I went home," the Brazilian explained.

"I played in Italy for four years and I was tired of seeing stories of racism. (...) The same people who do nothing about the racist acts that I condemn are the same ones who condemned me. If my trial had been for a white man, it would have been completely different, no doubt about it," added the player from São Paulo.

"I hope I can have the voice in Brazil that I didn't have abroad. I didn't do anything, I didn't commit a crime. My case was an injustice. I know how to respect everyone, including women," he added, concluding that he had "nothing to say" to the victim because he considered himself innocent.



Robinho against Paraguay in the quarter-finals of the 2015 Copa America. GETTY IMAGES
Robinho against Paraguay in the quarter-finals of the 2015 Copa America. GETTY IMAGES

Since extradition was impossible, the Italian judiciary issued an international arrest warrant and, in February 2023, requested that the sentence be carried out in Brazil, taking advantage of a law in the South American country that has allowed it since 2017.

Although the law has changed and homologation is now allowed, it is still not common in Brazil: "Homologation is not common because the law that allows it is relatively new. It would be a unique case in Brazil," said lawyer Pantaleão. President Luiz Inácio Lula da Silva has argued that Robinho should serve his sentence in Brazil. The trend is reportedly for the judges to grant Italy's request.

According to the complaint, Robinho and five compatriots - one of whom, Ricardo Falco, was also convicted and requested by Italy - made the victim drink "until she was unconscious and unable to resist". They then "had sexual relations with her on several times." 

If the judges reject the request, the former player will remain free, but he can be arrested if he leaves the country because the Italian conviction and arrest warrant remain valid, the lawyer added.

Atletico MG's Robinho against Gremio in the Brasileirao Series A 2017. GETTY IMAGES
Atletico MG's Robinho against Gremio in the Brasileirao Series A 2017. GETTY IMAGES

Despite playing for European giants such as Real Madrid and AC Milan, and winning two Confederations Cups (2005 and 2009) and a Copa America (2007) with Brazil, his talent was inconsistent and he never became what Pele himself described: "His successor".

In 2009, he was briefly detained in England for allegedly sexually assaulting a young woman, but was cleared after an investigation. His return to the Peixe in 2020 sparked controversy in parts of Brazil. Pressure from fans, sponsors and the media led to the termination of his contract and the abrupt end of his career.