• Courts Alves appeals to consent to leave prison: "It is observed in the complainant a conduct typical of a sexual gallantry in the courtship phase"
  • Justice Dani Alves declares that the sex with the victim was consensual: "Everything that happened inside the bathroom was a free and voluntary act"

With the judicial investigation practically concluded, the player Dani Alves will insist that the sexual relations in the bathroom of the Sutton nightclub in Barcelona that he had on December 31 with a 23-year-old woman were consensual. It is his last cartridge to be released on bail pending the trial for sexual assault that will be held, in all likelihood, later this year and in which he could face a sentence of between 7 and 9 years in prison.

Before, this Friday, the Court of Barcelona has summoned a hearing to all parties, Prosecutor's Office, lawyer of the victim and lawyer of the player, to examine the appeal presented by Alves a week ago in which he reiterates leaving prison, in which he entered at the end of January passed. It is the second time he asks for it and the first time the same court rejected the proposal considering that there are numerous indications of guilt on the part of the player in addition to the risk of flight, since he has enough assets to evade justice.

However, the Brazilian returned to testify in mid-April in the Court of Instruction number 15 of Barcelona and explained that there was a "mutual approach" with the victim in the reserved premises and then went to the bathroom to have sex consensually. It was the fourth version he gave about what happened in the early hours of December 31 at the nightclub since in his first court appearance he first explained that he did not know the woman until she gave him fellatio in a consensual way.

That is why he explained that he lied in court in his first statement in January since he was "obsessed" with infidelity to his partner, the model Joana Sanz, who announced that in a few days he will begin divorce proceedings. "I didn't want my wife to know," Alves said in court before detailing the relationship with the victim who defended that it was voluntary and consented.

In his new request for freedom to the court, the player went further and presented a 200-page document analyzing the images captured by the security cameras and the Mossos d'Esquadra that attended to the woman. Her lawyers maintain, as they will defend on Friday at the hearing to be held in the Audiencia de Barcelona, that "it is observed in the complainant an openly sexualized conduct, typical of a sexual gallantry in the courtship phase. Wedo not need to go into its detailed description. Certain body movements of the complainant are conclusive. Nothing comparable to a dread of environmental intimidation, nor anything that allows us to think that those who develop in this way have their will and consents altered by fear." In her statement, the victim explained that she felt "afraid" that night at the nightclub because of the player's attitude towards her and her friends.

The player's lawyers detail that before entering the bathroom there was "a physical approach between them of special intensity with very sexualized movements on the part of the complainant" and that in the reserved of the disco the two flirted "normally and everything indicates that agreeing to continue in the sink that outbreak of lust ". In her statement, the victim explained that she followed the player when he urged her to accompany her on the lintel of a door but did not know that they were going to a bathroom and that once there Alves forced her to have sex preventing her from leaving.

The Court of Instruction number 15 of Barcelona rejected the first request of Alves to leave prison and now the Court of Barcelona will examine, again, the appeal filed against that decision. Both the Prosecutor's Office and the private prosecution, which represents the victim, urge to keep the player in prison pending trial as they believe there is a risk of flight to his country and has no roots in Spain. The Brazilian claimed that he has his children and his ex-wife have come to live in Barcelona since "the family always wanted their children to receive university education in Spain. The terrible family situation they are now experiencing has not altered that project."

Once the allegations of each of the parties are known, the same court of the Audiencia de Barcelona that maintained the provisional detention for the Brazilian must decide with the new elements that are put on the table, such as the version of consent and family reunification that allows the arraigo. Despite this, the numerous evidences of guilt against the Brazilian remain, such as the victim's statement, his friends and witnesses; the fingerprints and semen found in the sink; the biological remains of the player found in the woman or the images in which she is heard tearfully denouncing an alleged rape.

  • Barcelona
  • Dani Alves
  • Mossos d'Esquadra

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