Dani Alves' last chance to get out of prison: "They agreed to continue that burst of lust in the bathroom"

SPORTS

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 consented. It is his last cartridge to go on provisional release pending the trial for sexual assault that will be held, in all probability, at the end of this year and in which he could face a sentence of between 7 and 9 years in prison.

Earlier, this Friday, the Court of Barcelona has called a visit to all parties, the Prosecutor's Office, the victim's lawyer and the player's lawyer, to examine the appeal presented by Alves a week ago in which he reiterates being released from prison, in the one that entered at the end of last January. It is the second time that he has requested it and the first time that 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 testified again in mid-April in the Investigating Court number 15 of Barcelona and explained that there was a “mutual approach” with the victim in the private room of the premises and that later they went to the bathroom to have sexual relations spoiled. It was the fourth version that he gave about what happened at dawn on December 31 in the disco, since in his first court appearance he first explained that he did not know the woman until she consented to fellate him.

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 would start the divorce proceedings.. “I didn't want my wife to find out,” 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 from the court, the player went further and presented a 200-page document analyzing the images captured by the security cameras and by the Mossos d'Esquadra who treated the woman. His lawyers maintain, as they will defend on Friday at the hearing to be held at the Barcelona Court, that “an openly sexualized conduct is observed in the complainant, typical of a sexual flirtation in courtship phase. It is not necessary that we go into its detailed description. Certain body movements of the complainant are conclusive. Nothing comparable to a fear of environmental intimidation, nor anything that allows us to think that whoever behaves like this has his will and consents altered by fear”. In her statement, the victim explained that she felt “afraid” that night at the disco because of the player's attitude towards her and her friends.

The player's lawyers detail that before entering the bathroom there was “a particularly intense physical approach between them with very sexualized movements on the part of the complainant” and that in the private room of the nightclub the two flirted “normally and everything indicates that agreeing to continue in the bathroom that burst of lust”. In her statement, the victim explained that she followed the player when he urged her to accompany her through a doorway but she 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 Investigating Court number 15 of Barcelona rejected Alves' first request to be released from prison and now the Barcelona Court will examine, again, the appeal filed against that decision. Both the Prosecutor's Office and the private prosecution, which represents the victim, urge the player to be kept in prison pending trial since they believe that there is a risk of flight to his country and he does not have roots in Spain.. The Brazilian claimed that his children and his ex-wife have come to live in Barcelona since “the family always wanted their children to receive a 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 Barcelona Court that maintained the provisional prison for the Brazilian must decide with the new elements that are put on the table, such as the version of the consent and the family reunification that allows rooting. Despite this, the numerous evidences of guilt against the Brazilian remain, such as the statement of the victim, 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.