The Court of Barcelona keeps Dani Alves in prison: "A typical sexual courtship between two adults cannot justify a subsequent sexual assault"
Dani Alves will remain in prison. The Court of Barcelona has rejected the appeal presented by the Brazilian player's lawyers against the decision of the Investigating Court 15 of Barcelona to keep him in jail accused of sexual assault on a 23-year-old woman in the toilets of the Sutton nightclub in Barcelona the early morning of December 31. It is the second time that the court confirms the prison for the player and this time it was more forceful against the arguments of Alves' defense who asked for his release after his statement stating that they were consensual relationships.
In addition, in their appeal, Alves' lawyers argued that the victim voluntarily entered the bathroom to have sex and relied on the analysis of the images from the nightclub's booth, since they considered that there was an alleged flirtation between the two.. However, the Court of Barcelona points out that “we do not share the defensive thesis that the victim's statement 'falls apart' in view of the newly examined images, even with the particular bias of the report provided by the defense”.
“It insists on the conduct prior to entering the bathroom of the alleged victim. We must remember that said behavior, even if it was a typical sexual courtship between two adults as the defense affirms, cannot in any way justify a subsequent sexual assault.. Nor can the line of argument be founded to rule out the attack on the sexual freedom of the young woman in which she voluntarily entered the bathroom. Even if that were the case, it would not give any concession to Mr. Alves to impose the sexual act on the victim,” the court indicated.
For this reason, the magistrates insist that “what happened prior to entering Alves' toilet and the victim does not determine that she had consented to the accredited penetrative sexual relationship, nor that she lied about it”. They also maintain, as they did in their previous brief rejecting the player's appeal, that the woman's statement “has sufficient reliability features in this procedural phase and the corroborating elements are varied”, referring to the numerous forensic evidence, statements of witnesses or local security cameras and the possible “contradictions” of the victim pointed out by the player's lawyer are not considered.
Vistilla in the Court of Barcelona on the request to leave prison for Alves EFE
“We have analyzed the allegations of the parties and examined these new proceedings and we have already advanced that the indications of criminality that at the time we valued as sufficient to impute the fact and as a basis for the precautionary measure remain unchanged” indicates the court, recalling that one of The main evidence provided to the procedure is the analysis of the fingerprints inside the disco's toilet. This report could contradict Alves' latest statement that the relationships were consented to, according to judicial sources.
The court also recalls that the investigation of this procedure is practically finished, since only a psychological forensic examination of the victim remains to be carried out in the coming weeks, so the trial could be held at the end of this year. In this sense, in the last three months new statements have been made, such as one by Alves who acknowledged the relationship and assured that if he lied before it was out of fear of explaining his infidelity to his wife.
In addition, there are other expert “lofoscopic, photographic and videographic tests carried out by the Mossos d'Esquadra and an analysis report on the images” carried out by a private detective at the request of the player's defense. Precisely, based on this report, Alves' lawyers asked that he be released from prison pending trial, appreciating contradictions in the statement of the victim and his companions, although the court rejected it.
The Court of Barcelona also considers that there is a risk of escape for the player if he leaves prison. “Being lawful, we are not convinced by the arguments presented that according to the appellant neutralize said risk. It is stated that Mr. Alves is a wandering worker and that is why he lived outside of Spain, but that he has a life project in our country and proof of this is the registration of his children in the house in Esplugues de Llobregat” they indicate but recall that their children have “Spanish ID, duly issued on May 5, 2023 and who are registered in Esplugues de Llobregat” since May 4.
It is also recalled that Alves has liquidated five companies that he had in Brazil although for the court they were of “little importance”. For this reason, they point out that “this documentation does not show that “life project” in Spain. In our car we had indicated that despite being registered, he had no relatives in Spain except his wife and this raised serious doubts about his roots.. The Spanish documentation and the registration of Alves' minor children in Spain seem to have been made ad hoc, practically on the same day as the decision denying release, in order to argue it before this Court”, referring to the decision of the investigating court that held the prison for the player.
“The risk of escape remains and continues to be based on the reasons that we have already explained and to which we must necessarily refer.. We consider that no other precautionary measure can neutralize said risk with sufficient guarantees and his flight would prevent the holding of the trial that requires the presence of the investigated. Notwithstanding the foregoing, the remaining proceedings must be carried out with the speed required by the deprivation of liberty of the person investigated so that the investigation can be concluded as soon as possible and sent to this Provincial Court for prosecution” concludes the car.
In this trial, Alves will have the opportunity to present again his version of what happened on the night of December 31 at the Sutton nightclub in Barcelona. We will see if he will retell “the truth” of his last statement “acknowledging that those previously rendered were “erratic and confused” as a result of the problems with his partner when his infidelity became known”, as his defense assured.