In a Barcelona courtroom, Dani Alves faced the second day of his sexual assault trial on Tuesday, a high-profile case that has garnered immense attention. The former professional soccer player was escorted in handcuffs and listened attentively as witnesses gave their testimony.
The charges against Alves stem from an incident that allegedly took place in the early hours of December 31, 2022, in a prestigious Barcelona nightclub. He is accused of sexually assaulting a woman in the bathroom. However, Alves has maintained his innocence throughout the trial and denied any wrongdoing.
Prosecutors are seeking a nine-year prison sentence if Alves is convicted, while the lawyers representing his accuser are pushing for a twelve-year sentence. The trial, which spans over three days, began with the private testimony of the accuser on Monday, ordered by the court to protect her identity due to a viral video on social media that allegedly revealed her identity.
According to the woman's previous statement to state prosecutors, she met Alves in the VIP area of the nightclub accompanied by a friend and a cousin. She shared that she went into a private bathroom with Alves, where he allegedly slapped her, used derogatory language, and raped her. However, Alves has claimed that the encounter was consensual.
On the second day of the trial, police officers who attended to the alleged victim testified that she was visibly shaken and revealed that she had been sexually assaulted by Alves. Overcoming her initial fear of not being believed, she felt compelled to seek justice, stating, 'I don't want money, I want justice.'
The nightclub manager, who initiated a sexual assault protocol by counseling the woman and promptly contacting the police, claimed that she voluntarily entered the bathroom with Alves but later expressed a desire to leave, which Alves allegedly prevented.
Alves' friend, who was also an employee of the Mexican soccer club Pumas where Alves played, also testified. He stated that Alves had consumed wine and whiskey before arriving at the nightclub. According to this friend, Alves and the alleged victim danced together, exhibiting what he described as 'chemistry,' and he saw nothing amiss with the woman afterward.
Alves' wife, Joana Sanz, appeared in court and noted that Alves smelled of alcohol when he returned home early that morning. Sanz, who has been married to Alves since 2017, mentioned that she has not yet pursued a legal divorce, despite expressing her desire to do so after the scandal erupted.
Alves will have the opportunity to present his side to the three-judge panel on Wednesday.
Since his detention on January 20, 2023, Alves has been in pre-trial custody. Despite offering his passport and agreeing to wear a tracking device, his requests for bail were denied due to concerns that he might flee the country. Brazil, his home country, does not extradite its citizens for crimes committed abroad.
During the investigative phase, Alves altered his defense multiple times. At first, he denied ever having encountered the woman in question that night. Following his arrest, he denied any sexual contact but later admitted to a consensual encounter, claiming that he initially lied to save his marriage.
If found guilty, Alves has been ordered to set aside €150,000 ($162,000) for his alleged victim and to pay damages.
This trial marks the first high-profile sex crime case following Spain's 2022 legal reforms, which established consent as the central aspect of defining a sex crime. These reforms were prompted by widespread protests after a high-profile gang-rape case during the San Fermin bull-running festival in Pamplona in 2016. The legislation, often referred to as the 'only yes means yes' law, emphasizes that consent must be explicitly expressed, making it clear that silence or passivity does not equate to consent. Sexual assault is classified as a range of offenses, including online abuse, groping, and rape, each carrying different sentences, with rape potentially resulting in a maximum of 15 years.
As Alves arrived at the courtroom accompanied by police, he shrugged in response to reporters asking if he believed he would be found innocent.
Throughout his storied career, Dani Alves achieved remarkable success with prominent clubs such as Barcelona, Juventus, and Paris Saint-Germain. He also played a crucial role in Brazil's triumphs at two Copa Americas and an Olympic gold medal, all while being a part of three World Cup campaigns. Following his arrest, Alves' contract with Pumas was immediately terminated.
