Brazilian football star, Dani Alves denied accusations that he sexually assaulted a young woman at a Barcelona nightclub, claiming she ‘never told me to stop’ and that he’s ‘not that kind of man.’
After two days of listening to testimony from the alleged victim, witnesses, and experts, Alves told a Spanish court that their encounter had been consensual.
His accuser testified that Alves raped her in a bathroom of an upscale nightclub early in the morning of December 31, 2022.
‘I am not that type of man; I am not a violent man,’ Alves said in response to his defence lawyer if he had forced her to have sexual relations.
The alleged victim told state prosecutors that she danced with Alves and willingly entered the bathroom, but that later when she wanted to leave, he would not let her.
She said he slapped her, insulted her and forced her to have sexual relations against her will.
‘She never told me to stop. We were both enjoying ourselves,’ Alves said while repeating that the woman never asked to leave or made any indication that she did not want to have sexual relations with him.
He also denied having slapped or insulted her.
State prosecutors are seeking a nine-year prison sentence for Alves if convicted while the lawyers representing his accuser want 12 years.
His defence asked for an acquittal, or if found guilty a one-year sentence plus 50,000 euros (£42,000) compensation for the victim.
The three-day trial concluded Wednesday. A verdict normally takes weeks to be delivered.
The 40-year-old Alves was escorted in handcuffs into the small courtroom wearing a long-sleeve white sweater, dark trousers and glasses.
His mother was present outside, as she had been the entire trial. His ex-wife, who separated from Alves following his arrest, was only there Tuesday when she testified that he had arrived home ‘smelling of alcohol’ after the alleged assault.
Alves’ accuser meanwhile testified on Monday behind closed doors on order of the court. State prosecutors asked for the court to take extra measures to protect her identity after a video circulated on social media last month that allegedly identified the woman.
A friend and cousin of the alleged victim who went dancing with her that night told the three-judge panel that after she exited the bathroom she was distraught and told them Alves ‘hurt her badly.’
Police officers who attended to the alleged victim testified she was greatly shaken and told them she had been sexually assaulted by Alves.
The officers said Tuesday she had to overcome her fears that ‘nobody would believe her’ before she formally accused Alves.
One officer said the woman told him ‘I don’t want money, I want justice.’
Alves’ friend who was with him at the nightclub testified that Alves and the woman showed ‘chemistry’ before going into the bathroom and that he hadn’t noticed anything wrong with the woman afterwards.
The friend added that the footballer drank wine and whiskey before going to the nightclub.
Alves’ defence asked the court that his drunken state be considered an extenuating factor for a reduced sentence if he is found guilty.
A forensic psychologist who examined the woman testified Wednesday that she was suffering from ‘post-traumatic’ symptoms, a conclusion that was disputed by an outside expert called by the defence.
The state prosecutor concluded her arguments by saying ‘We understand that (the accuser’s) version is completely believable.’
Alves’ defence lawyer, Inés Guardiola, based her closing argument on video evidence from the nightclub’s security cameras that she said showed how the woman danced ‘with sexualised movements’ that ‘showed her interest’ before the alleged assault.
Ester García, the woman’s lawyer, said in her closing argument that the new law made her client’s lack of consent once inside the bathroom key to the case, as well as making irrelevant how her client may have danced with Alves beforehand.
‘I don’t care (how she was dancing) when she said `no’, that meant `no.’ That is why the law was changed,’ García said.
‘The debate is no longer whether the victim put up resistance.’
Alves has been in pre-trial jail since being detained on January 20, 2023.
His requests for bail were denied because the court considered him a flight risk.
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