The court ordered that the defendant's testimony be held behind closed doors without allowing the media to take any pictures of her to protect her identity. This decision came after a video clip spread on social media last month purporting to be the woman's identity. I witnessed for about an hour.
A screen was placed between the accused and Alves when she testified, and the court ordered the video recording of her testimony to be cut and her voice distorted as preventive measures to ensure her privacy in the event of a leak.
Barcelona player Dani Alves' reaction during a Spanish League match in May 2022.credit: GT
In testimony she gave to prosecutors last year, the woman said she met Alves late at night at the Sutton nightclub in an upscale Barcelona neighborhood after midnight. She accompanied him to a VIP area and to a private bathroom where he allegedly slapped her, used insulting language and raped her, according to her testimony to the prosecution.
“My client was finally able to testify and put this matter to rest,” the woman's lawyer, Esther Garcia, told reporters outside the courtroom afterward. “She was very brave to come this far.”
Garcia added that an attempt by Alves' legal team to reach an agreement so that he could avoid a trial was unsuccessful because her client “did not agree with the sentence” proposed for the player. She refused to reveal the details of what Elvis' team offered.
Two women, a friend and relative, who accompanied the woman to the nightclub, testified that when they saw her after she came out of the bathroom, she was distraught and told them that Elvis had “hurt her very badly.” Workers at the nightclub also testified.
Alves will testify on Wednesday, the final day of the trial.
Before the investigating judge charged him in August, Alves' lawyers tried, unsuccessfully, to cast doubt on the testimony of his accuser and other witnesses by presenting security camera footage from the nightclub. The court said any alleged flirtation should “in no way justify eventual sexual assault.”
Alves adjusted his defense several times. Initially, he denied seeing the woman when he went dancing on the night in question.
When arrested, he denied any sexual contact with her, but three months later admitted to a sexual act that he said was with the woman's consent. He said he was trying to save his marriage by not acknowledging the sexual encounter at first.
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In the only interview Alves gave since his arrest, he told a Spanish newspaper Vanguard In June, “I have a clear conscience about what happened that early morning. … What did and did not happen. What did not happen is that I forced that woman to do what we did.”
Alves, whose legal name is Daniel Alves, has changed lawyers three times. He is represented at the trial by Ines Guardiola, who was appointed in October.
Alves was arrested on January 20, 2023 after responding to a police summons during a visit to Spain. The court ordered his imprisonment after analyzing the preliminary police investigation and listening to the testimony of the alleged victim, witnesses, and the player himself.
Three days after his arrest, officials transferred Alves for safety reasons to Brians 2 prison, about 45 minutes northwest of Barcelona. It's been there ever since.
Alves' requests for bail were rejected because the court deemed him a flight risk, despite his offer to surrender his passport and wear a tracking device. Brazil does not extradite its citizens.
The trial is taking place before a panel of three judges headed by Judge Isabel Delgado. Twenty-two witnesses, including those called by the defence, are scheduled to appear on the second day of hearings before the court hears from Alves, along with experts, on Wednesday.
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Spain's landmark Sexual Consent Law of 2022, which states that “only yes is yes,” requires clear and unambiguous sexual consent. The crime of sexual assault includes a wide range of crimes, from online abuse and groping to rape, each with different potential penalties. The penalty for rape can reach a maximum of 15 years.
Alves was ordered to set aside 150,000 euros ($248,000) to pay his alleged victim if he is found guilty and ordered him to pay compensation.
AP
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