Courts Dani Alves' lawyers believe that he will be released from prison within a month
The defense strategy of the player
goes through ensuring that the relationship with the complainant of the sexual assault in a bathroom in a private room at the Sutton nightclub was consented and dismantling the victim's version.
For this, he has filed an appeal in which he requests his release from provisional prison, in which he has been admitted for 10 days, since he considers that the images from the security camera of the premises "refute in the most radical way the climate of terror that the complainant describes".
The appeal, presented by Alves' lawyers, indicates that the complainant, her cousin, and a friend entered this private area, known as 'La Suite' at around 3:20 in the morning and that for 20 minutes they were
"chatting with a playful and festive mode" with the player
and his companion "surrounded by a lot of people in an open space".
For the lawyers, this environment "is far from being the context and scene of environmental intimidation" that the courts mark to "bend the capacity of the victim."
In addition, the lawyers question the statement of the complainant that Alves "closed the door" of the bathroom after she entered, since at around 3:42 the player is seen in the images entering the bathroom
and two minutes later the complainant comes after speaking with the two friends and the waiter
without the player "giving him way or opening the door. The images speak for themselves."
"And this is the moment prior to the sexual encounter in the tiny cubicle or bathroom in which one entered first and then the other. And that the complainant describes and expresses as lived in a climate of terror, fear or microcodes of domination, a scenario that the images deny them in the most radical way," says the resource.
For this reason, the lawyers point out that there is a doubt as to whether the sexual relations were consented to
: "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 solitude of the couple in the den of the bathroom" since it can "also be adorned with identical elements of narrative distortion".
In his appeal, with such a release from provisional prison, Alves' lawyers offer to deliver the player's Brazilian and Spanish passports, that he wear a telematic bracelet, that he pay the necessary bail, without specifying the amount, that he be at a distance and without communicating with the victim or appear daily in court.
They assure that there is no risk of escape on which the judge relied to send him to prison without bail on January 20, given that Alves voluntarily went to testify before the Mossos and no longer has the "
economic muscle of periodic income" that the instructor attributed.
This is how they remember that he was fired from the Mexican Pumas in which he played for his accusation of rape.
According to the criteria of The Trust Project
Ministry of Defence