Dani Alves is one step away from a bench that is not usual for him, that of the accused. The Investigating Court number 15 of Barcelona has closed the investigation against the Brazilian soccer player and concludes that there are indications that he allegedly sexually assaulted a 23-year-old woman in the toilets of the Sutton nightclub in Barcelona at dawn on December 30. . For this reason, he summons Alves for next Wednesday at noon to make an investigative statement before concluding the judicial summary that must be submitted to the Barcelona Court to set the trial date, as long as the parties do not request new evidence, as is unlikely.
From here, the court will urge the Prosecutor’s Office and the private prosecution, which represents the victim, to present their sentence petitions, which could mean between 8 and 10 years in prison for Alves according to some sources, and once handed over, the defendant’s lawyer, Cristóbal Martell, will do the same with his defense brief in which he will request acquittal considering that the relations were consented, as the player himself stated in his two judicial statements. With these writings, the Court of Barcelona will indicate the trial against the defense that in all probability will be at the end of this year or the beginning of the next one since the defendant is in pretrial detention the procedures go faster.
In its order, the court ratifies the provisional detention of the defendant and sets the civil liability that should be paid to the victim at 150,000 euros, if convicted, for the moral and psychological damage caused. Alves’ defense will not file an appeal against this decision and on August 2 he must appear before the judge to inform him that he will be tried. In addition, he explains that the victim and her friends went to the Sutton nightclub at dawn on December 30 and that they entered the VIP area with a group of Mexican boys they met at that time. While there, a waiter approached them and told him that a client wanted to invite them and, although they refused at first, the employee’s insistence made them accept.
At the table were Alves, a friend and two other girls who left when they were the victim and their friends. The security also points out that the car prevented them from taking a photo and that the defendant explained to them that he “played petanque in Hospitalet” and “began to fool around with the three of them.” The victim assured that she did not know who Alves was until the Mexican boys he was with before explained it to her.
In addition, the judge indicates that Alves was dancing with the three friends “very close” although he ended up staying with the victim who “on two occasions took his hand and put it on his penis. She withdrew her hand on both occasions” . She also points out that behind the table they were sitting at there was a door that led to a bathroom for the exclusive use of that VIP area and that the player went there. From the lintel he called the victim who, when he went, saw that it was a small bathroom. “When she passed, Dani Alves closed the door and pulled her hard, making her her body” while the victim “told her to stop her and let her out, that she wanted to leave “he points to the car.
The judge points out that “Alves ignored it, pulled up her dress and made her sit on it and grabbed the back of her head and threw it to the ground, which was what caused the knee injury.” He also explains that he made her “lower her head towards his penis so that he could give him fellatio, which she failed and this infuriated him and he slapped her several times in the face. Then he put her back against the small sink” and penetrated her ” violently” until he ejaculated. The court order explains that the victim then wanted to leave the bathroom but that Alves “did not allow him” telling him that “he would go first.”
When she arrived with her friends, the woman had a “bad face” and explained to them what had happened so they left. Shortly after, a doorman saw her crying and a friend of hers told him that she had been raped, which started the internal protocol of the premises for sexual assaults. The magistrate also indicates that Alves left the nightclub along with his friend and that he “came across” the victim “to whom he did not say a word.”
Alves has been in prison since January 20 accused of this sexual assault and it is not expected that he will be released before the trial since the Barcelona Court rejected his request for provisional release on two occasions. In this way, he could know his sentence when he has been in jail for a year. Before the court, he will once again have the opportunity to expose what happened in the bathroom of a private room at the Sutton nightclub in Barcelona on December 30, just as he did in his last statement before the Investigating Court 15 of Barcelona and that it was very different to the first, in the same court, in which he changed his version up to three times. Thus he went from saying that he did not know the victim to explaining consensual fellatio.
Precisely because he gave three different versions of this sexual relationship, the persistence of the victim in his accusation against him and the numerous evidence provided to the procedure, the court considered that he should enter pretrial detention. In addition, he took into account the risk of flight since the player had large assets in Brazil and that country does not have an extradition treaty with Spain. Alves acknowledged that his first judicial statements were “erratic and confused” as a result of the problems with his partner when his infidelity was known, “but he has always maintained that the relationships were consensual.
The Investigation Court number 15 of Barcelona concluded the investigation after carrying out the last remaining test, a psychological examination of the victim in the Psychology Unit of the Institute of Legal Medicine and Forensic Sciences of Catalonia (IMELEC) by experts appointed to objectify if he suffered some type of damage or sequel after the alleged sexual assault. Judicial sources indicate that the woman could have post-traumatic stress for which she would be taking medication in addition to requesting sick leave. A few weeks ago, he submitted a medical report to the court in which he recounted that he has suffered fear, disgust or “anguish” when going out into the street since he filed the complaint the same night as the events, since he considers that his story is permanently questioned. These are “serious” effects, according to judicial sources.
These medical reports were submitted to the procedure together with the documents of the doctors from the Hospital Clínic de Barcelona who treated the victim the same night that she reported the rape and who remarked that she had physical injuries to her knees and arms. In addition, there are police reports on her semen found inside her, on her clothes and in the bathroom of the disco that would correspond to that of the Brazilian player. There are also samples of his fingerprints in the bathroom that would indicate that the events allegedly happened differently from how Alves explained in his statement, assuring that the woman sat on top of him, as well as the images from inside the disco in which The player is seen with the victim and her friends, both before and after entering the bathroom, as well as her when she left the premises and a doorman noticed that she was upset and crying.
It was by asking her what was wrong when a friend of hers explained the alleged rape that the nightclub initiated the protocol for this type of sexual assault, for which the Mossos d’Esquadra were notified, who recorded all the attention to the victim, as well as Their assistance was arranged at the hospital and then the complaint was filed with the police. In addition, the sink in which the sexual relations took place was sealed and thus the agents found biological remains of the player. The court took a statement from both the nightclub staff and the victim’s friends who explained that Alves and his companion invited them to a private room and that the player was “harassing” them there. They even claimed before the judge that the player groped them and they felt uncomfortable.
In his complaint, the victim said that Alves also touched “my friends” and realized “how attached he was to them.” After she explained that the player grabbed her from behind her while they were dancing and said things in her ear that she did not understand since they were in Portuguese. “From behind he took my hand and put it on his penis and I removed it. He did it twice, the second time with great force and I withdrew it again. It disgusted me,” explained the woman, who added that “we were far apart.” , “I was insisting and it was very heavy” and “it was making me sick”. The complainant remarked that after her “I collapsed” and that the player made gestures to her from a door and that is why she went there.
It was the entrance to the bathroom and they stayed there for 16 minutes, according to the private security cameras. When leaving her, the player went to the bar and she went with her friends to tell them that they were leaving. She was her on the way to the door when she explained to them what had happened. Alves maintains that the relationships were consensual and that in the images prior to entering the bathroom a “court” between the two is seen. That is why he affirms that, with the victim, “they agreed to continue that burst of lust in the bathroom”, as his lawyers indicated in a letter requesting freedom that was denied by the Barcelona Court. Now, he has his last chance to have the final version of him created at his trial in the coming months.
According to the criteria of The Trust Project
