To get out of provisional prison Daniel Alves insists on his argument that there was no “climate of terror that the complainant describes” in the moments before being locked in the bathroom of the Sutton nightclub in Barcelona for 16 minutes. The Brazilian defense lawyers have presented a new request to be released from prison after his statement last Monday in which the defendant explained that the relations were consensual. To support his version, he provides an extensive report on the security cameras that captured the moments before and after the alleged sexual assault.
As they already did in their appeal before the Court of Barcelona a few months ago, Alves’ lawyers believe that the images “refute in the most radical way the climate of terror that the complainant describes” since for 20 minutes, around 3:20 on In the early hours of December 31, both the player and his companion and the victim, his cousin and a friend were in the discotheque “chatting in a playful and festive way” and “surrounded by many people in an open space” .
Already in the appeal, Alves’ lawyers considered that this scenario “is far from being the context and scenario of environmental intimidation” that the courts mark to “double the capacity of the victim” and highlight that the images show that he went to the bathroom on 3:42 and she two minutes later, after talking with friends and a waiter. The petition is accompanied by the extensive expert report that analyzes the videos from the nightclub and which, for Alves’ lawyers, show that there was prior complicity between the two who they suppose continued in the bathroom, which underpins that it was a consensual relationship.
“The images speak for themselves”, indicated from the defense of the player who focuses mainly on demonstrating that there was this mutual “sexual tension”, described by Alves in his last statement last Monday. That is why they point out that “the images refute in the most radical way that” climate of terror, fear or microcosm of domination” described by the complainant in “the moment prior to the sexual encounter in the tiny cubicle or bathroom in which one entered first and then the other”.
“The images that are observed conflict and come into conflict and contradiction with the description made by the complainant” as well as her “report of what happened in the loneliness of the couple in the bathroom den” since it may “also be adorned with identical elements of narrative distortion”, they pointed out in their appeal to the Barcelona Court that they now expand to request the player’s freedom.
On the other hand, Alves’ lawyers also recall that the player has social roots in Barcelona since he has a house and undertakes to adopt the necessary measures required by the court, such as regular appearances or paying a bond, to guarantee his presence in the procedure and avoid any risk of flight and return to their country.
To underpin the fact that there is no possibility that he will evade the action of Justice if he is released, the player details in his letter the decrease in his economic income after being accused of the rape of a 23-year-old woman as well as a list of his companies in Spain and Brazil. What he did not include in the petition to the court is that his ex-wife and his children have recently moved to Barcelona for academic reasons.
The Investigating Court number 15 of Barcelona must decide in the next few days after hearing the opinion of the Prosecutor’s Office and the private prosecution, who will supposedly oppose this release from prison. A few weeks ago, the Court of Barcelona made it clear that the investigation is practically finished and the trial could be held at the end of this year, in addition to highlighting the numerous existing evidences against the accused.
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