Spain: trial begins against footballer Dani Alves for rape

The footballer Dani Alves sits in the dock. The former Barcelona Football Club player appears this February 5 at the beginning of the trial against him, in the capital of Catalonia, for the case of rape of a 23-year-old girl.

The events would have taken place on the night of December 30, 2022, in the bathrooms of a nightclub in the city.

This Monday, the victim testified for one hour and 15 minutes. However, her intervention took place behind closed doors, so she could not be heard by the press.

Subsequently, the defense and a friend of the plaintiff testified, and Alves is expected to do so at the end of the trial, scheduled for Wednesday, February 7.

During her intervention, the witness burst into tears as she stated that her friend left the bathroom there disconsolate, while telling her that she had been raped by Alves.

The woman said that the plaintiff only said that she wanted to leave the nightclub and was afraid that they would not believe her. “They're going to think I'm just looking for money,” said the victim still at the scene.

The witness added that finally she and her cousin managed to convince her to report it, so they went to the Hospital Clínic of Barcelona, ​​where they activated the protocol for a case of sexual violence. “It cost us horrors for her to report. She didn't want to. She was in shock,” she stated.

Likewise, the friend of the woman who was allegedly sexually abused stated that Alves was not in a state of drunkenness, as the footballer claimed in one of his previous statements, and added that the man had had a “slobbery attitude.” Words that I use to explain what happened after she and the plaintiff agreed to join Alves's table, who was with a friend and two other young women.

“The moment I greeted him, to give him a kiss He grabbed my face, and I couldn't give him the second kiss because he was holding onto me too much, with a slimy attitude. She had her hand behind her back and lowered it, she almost touched my ass,” said the witness about her first contact with the soccer player.

The woman added that the young complainant “is now very bad, she is anxious and has lost weight. Before she was a happy person, now wherever she goes she thinks that they are following her, that they are controlling her, that they are going to photograph her.”

The defense asks to annul the judicial process against Dani Alves

The accused's lawyer, Inés Guardiola, asked the Barcelona Court, the highest local judicial body, to annul the case after ensuring that the accused's rights have been violated, because he was investigated for a month “behind his back.”

Furthermore, the defense pointed out that the athlete has faced a “parallel trial in the media,” which, in his words, has violated his right to the presumption of innocence and “contaminated” the judge who investigated the case.

In an attempt to back up her words, the lawyer provided the court with around 450 news items that were issued about the case. It is “a constant drip to present Mr. Alves as a sexual aggressor, leading to a public condemnation,” said Guardiola.

Likewise, the lawyer stated that initially Alves would not have had access to information about the accusations and that after being detained his defense had “less than two hours” to learn about the investigation and prepare a statement.

However, the court rejected the lawyer's allegations of alleged violation of the defendant's rights. “The accused was assisted by his defense from the first moment,” the court indicated.

The Barcelona Court thus settled the defense's allegations, while the Prosecutor's Office stressed that, on the other hand, the person who has suffered media exposure is the victim.

In fact, during the session the accusing body highlighted the damages to the plaintiff after Dani Alves's mother published the identity of the young woman and videos in which she appeared on her Instagram profile.

“The victim's attitude has been criticized and her image has even been leaked,” said prosecutor Elisabet Giménez.

The five versions of Dani Alves

Initially, the player claimed that he did not know the woman who sued him, then he stated that he met her in a bathroom at the nightclub, but that nothing happened.

However, the nightclub's security cameras showed they were inside for more than 15 minutes.

In his third version, the footballer made a complete turn by ensuring that the young woman performed oral sex on him.

On the fourth occasion, the man admitted for the first time that there was a sexual encounter, but said that it was consensual relations and that he did not mention it before to protect his marriage. And in a fifth statement, Alves pointed to alcohol as a mitigating factor for what happened, to maintain that he was not aware of his actions.

What are the next steps expected in the case against Alves?

In total, 28 people are scheduled to testify. Among them Dani Alves, next Wednesday, February 7, scheduled as the last day of the trial.

In this way, the three judges supervising the trial have agreed to one of the defense's requests, to guarantee that the defendant responds to the interrogation “with full knowledge of all the evidence” conducted.

Subsequently, the magistrates will present the reports with their conclusions. The judges are expected to announce their ruling this February, since Spanish law establishes a maximum period of 20 days to issue a ruling after the completion of a trial.

Alves, who has been in prison for a year, has requested provisional release on several occasions, but the judge leading the case has denied that request.

In Spain, cases of sexual violence can carry sentences ranging between four and 15 years in prison.

The Prosecutor's Office requests a sentence of nine years in prison and that Alves pay compensation of 150,000 euros to the plaintiff.

With Reuters, EFE and local media