Dani Alves has broken his silence in the Barcelona Court and has categorically denied the rape of a 23-year-old girl during the years at the Sutton nightclub in Barcelona.. “I'm not a violent man, we were enjoying it,” the footballer said after explaining – even simulating his position in court – that the girl fellated him while he was sitting on the toilet.

The Prosecutor's Office maintains the request for 9 years in prison, which the complainant's defense increases to 12, the maximum penalty.

The former footballer, for his part, demands acquittal and his release, although he has proposed as an alternative a sentence of one year in prison – the period he has been in preventive detention – and 50,000 euros in compensation.. The case has been heard for sentencing this Wednesday, February 7, awaiting a sentence that could arrive before Easter.. The Barcelona Court will assess whether to keep the player in provisional prison after his trial and while he awaits sentencing.

According to the story that the Brazilian has given in court, the complainant sat on his legs, at which time there was penetration.. At this point, Alves has also said that he ejaculated out of her vagina by lifting her up himself.

“I'm not that kind of man.”

The former footballer has assured that at no time did the young woman ask him to leave the bathroom and has maintained that the relations were consensual.. He neither grabbed her by the hair nor slapped her, according to his version. “He didn't tell me he wanted to stop.”. “I am not that type of man,” he said after answering only the questions of his lawyer, Inés Guardiola, and breaking down into tears on two occasions.. The interrogation was short, about 10 minutes.

Furthermore, the Brazilian has tried to justify his changes in version with respect to what was argued during the investigation phase: according to him, the version he maintained yesterday is the same as in his second statement; and in the first he only admitted that he had had oral sex with the complainant because he hoped his wife “could forgive him.”

“Honestly, I think that all this battery of versions that has been given is because initially it was considered totally unpunished.”. “He came to the investigative court supremely calm,” criticized prosecutor Elisabeth Jiménez during her final report.

“There was a sexual attraction”

Alves's story about that night of December 30, 2022 began in the Taberna del Clínic, a restaurant near the nightclub.. And he did it there to justify the alleged state of intoxication in which he was that night: he said he had drunk a bottle of wine, whiskey, gin and tonics and several glasses of cava to arrive at Sutton's booth “very drunk,” in his words. .

There, the former footballer has maintained that he began to flirt and dance – to “twerk”, the Brazilian said – with the complainant because there was an “attraction” between them.. «We started dancing a little closer, the complainant and I, and we were there dancing for a while. “She started touching my back, there was a sexual attraction there and I started talking to her about going to the bathroom, and she said yes.”

“At no point did he say anything to me, we were simply enjoying ourselves there and that's it, nothing more,” explained the footballer, who said that, upon leaving the cabin without cameras, he returned to the VIP table and after a few minutes she also left the bathroom.

The prosecutor's report

A story that clashes head-on with the version of the complainant, supported by the prosecutor – “[The victim] could not have been confused, it is impossible,” she stated in her final report – and by two witnesses who testified throughout the hearing.. “[The victim] told me that he had hurt her a lot and that he had run inside” as soon as he left the bathroom, both witnesses said.

The complainant's friend also recalled how she and her cousin encouraged her to file a complaint: “We told her she had to report this. She just said 'they're going to think I'm doing this for money'. I tried to calm her down at all times because she wanted to go home.. 'They're not going to believe me,' he repeated.”

“There was violence and contempt for the victim,” the prosecutor said after dismantling Alves' version with her conclusions.. “It has caught our attention that he has begun to comment that she performed fellatio on him and that he moved away to ejaculate.”. When the defense reminded him of this, it was when he introduced the penetration thing.. This oversight caught my attention.. The change of versions has been striking.

“I knew what I was doing”

Regarding Alves' state of drunkenness that his defense has tried to maintain as a mitigating factor against a possible conviction in this final phase, two psychologists have overturned the strategy before the court. “Alves knew what was happening, he knew what was right and what was wrong,” they admitted.

Despite having been hired by the former soccer player's lawyer as experts, the two psychologists have ended up dismantling their strategy following questions from the prosecutor and the complainant's lawyer.. Specifically, they admitted that they cannot determine the exact amount Alves drank when he was accompanied by several friends; They said that no breathalyzer test was carried out on him, and they even acknowledged that “he knew what he was doing” despite an alleged state of drunkenness:

“Of course he could distinguish good from evil, because he had no alteration of reality”. Also yesterday, several forensic experts from the Hospital Clínic corroborated the victim's “terror” story, as did the Mossos who intervened in the nightclub that night.