• Courts The judge offers a friend of the victim to denounce Dani Alves for touching

The investigation of the complaint for sexual assault against Dani Alves will be marked by what happened before entering the bathroom where there was sexual intercourse.

Forced, according to the victim and consented, for the player.

More than a month after the complaint, the Investigating Court number 15 of Barcelona

has taken a statement from those involved, companions and managers and employees of the Sutton nightclub

, in addition to studying the security images of the reserved and other premises, as well as examine police records and medical reports of the complainant to determine if a crime was committed at dawn on December 30.

What happened inside the bathroom, whether or not there was consent, will be the central nucleus of the judicial debate and to support one version or another are the evidence that appears in the case and those that have to be provided, such as confirmation that

the trace of The semen that was on the ground corresponds to the player,

who has already provided a DNA sample for comparison.

However, in view of what has developed in this judicial process so far, what happened in the 20 minutes before the door of that tiny room in the private VIP room of the discotheque was closed can tip the balance in one direction or other.

At the moment, all the evidence is close to Alves, who last Friday served 15 days in provisional prison and will still have to wait several weeks until the Barcelona Court rules on the appeal filed by his lawyers to be released on provisional release.


main evidence for the charge is the "forceful" and "persistent" statement of the victim

who, before the court, maintained the same version that he did before the Mossos d'Esquadra, the same night and two days after the events, about the aggression suffered in addition to the blows allegedly received by the player when she tried to resist.

But before that, the woman and her two friends were invited to the private room where Alves was with a friend.

There the player was harassing the three girls, as the complainant testified and her companions explained in her statement this Friday in court.

They even affirmed that the player

groped them and they felt uncomfortable so the judge offered them the possibility of denouncing him for sexual assault,

although they rejected it given the seriousness of the violation suffered by the victim.

In this sense, the complainant explained to the Mossos that she also saw "how I touched my friends" and realized "how attached I 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 her hand and put it on her 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 victim.

Already in her judicial statement, the woman insisted on this feeling of helplessness since "we were very far from her."

"I collapsed, I started to be very afraid and without anything happening I thought, what if he puts something in my drink?" said the victim, who added that he wondered: "What if I leave here now and when we leave they catch us or something?

This statement endorses what he told the police when he added that Alves brought out a bottle of cava to invite them but that they left the glasses on the table without touching them, since they had a drink. "He was insisting and it was very heavy." , explained the woman who added that "it was disgusting me."

No "environmental bullying"

Alves' defense lawyers consider that there was no alleged harassment of the victim and her friends in the 20 minutes prior to entering the bathroom.

Based on the images from the private security cameras, they point out that the three women entered around 3:20 in the morning, after being invited by the player and his companion, and that for "20 long minutes a group of

five people conversing in a playful and festive way

surrounded by many people in an open space, which is far from being the context and scene of environmental intimidation that the notorious jurisprudence of our courts considers enough to subdue the capacity of the victim and their capacity of self-determination".

That is why they believe that these images from the local security camera "refute in the most radical way the climate of terror that the complainant describes" and question her statement since at around 3:42 the player is seen accessing the bathroom and two more minutes The complainant comes later after speaking with the two friends and the waiter without the player "giving her way or opening the door", as she declared.

"The images speak for themselves," add the Brazilian's lawyers despite the fact that the victim's friends corroborated their version that it was Alves who urged him to cross a door without any of the three knowing that it led to a bathroom.

One of them even went to another service in the general room, on a lower floor, unaware that there was an


The truth is that in the images the player loses sight of those two minutes that his defense says until the victim comes, but the place he enters is unknown, according to judicial sources.

The appeal filed by Alves' lawyers to request his release remarked that "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 how she lived in a climate of terror, dread or microcosm of domination, a scenario that the images deny in the most radical way".

They add that these images leave a doubt as to whether the sexual relations were consensual or forced.

"He hurt me"

In their statement in court, the victim's friends explained that they were unaware that the door led to a private bathroom and came to think that it gave access to a space where one could smoke.

After 16 minutes, Alves left the private bathroom and moments later the complainant did, who told her friend who was still in the reserved "we're getting out of here."

Shortly after, in the cloakroom and while they met the other friend,

the victim began to cry and assured that she had suffered a sexual assault while she repeated "she has hurt me."

Six managers and employees of the nightclub also testified in court this Friday, such as the waiters who invited the women at the request of Alves or the doorman who confirmed that he saw the victim crying with her friends and when verbalizing the alleged rape made her enter the premises and activate the protocol against sexual assaults.

Thus, they took the girl to a secluded room and called the Mossos d'Esquadra and an ambulance.

They assure that she did not stop saying "they will not believe me" and that is why she did not want to report it.

However, the victim reported the events to a patrol and two days later signed the complaint providing the medical report from the Clínic hospital that treated her and

indicating that they found DNA traces that were not hers and injuries to her knees and arms.

Precisely, the court opened the investigation based on a communication sent by the health center as established in the sexual assault protocol.

The court is waiting to receive the reports on the clothes he was wearing that night and that are being analyzed, since remains were found, as well as the comparison of the footprints and the semen found in the sink with that of the defendant and the victim. .

The investigation continues its course and while Alves continues in provisional prison.

Five million compensation

While Alves is in prison, his former team, the Pumas UNAM of Mexican soccer, have asked him

for compensation of 5 million dollars for violating a conduct clause in his contract when he was accused of sexually assaulting a woman in a nightclub in Barcelona


Alves was fired the same day he was arrested and entered prison by court order.

The club considered that the alleged sexual assault committed by Alves "harmed the philosophy" of the team.

According to UOL Sporte, in addition to the termination of the contract that January 20, the Pumas executives also sent an email to Alves in which they informed him of his departure from the team and requested million-dollar compensation.

The Pumas demand payment for the conduct clause in the contract in which they could penalize the former Barcelona winger for "participation in doping cases", "in any scandal that becomes public" or in "any act that is considered offense under the law of the country in which it took place".

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  • Mossos d'Esquadra

  • Ministry of Defence

  • Daniel Alves

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  • Justice