The judge has decided this Tuesday to keep the former FC Barcelona player Dani Alves in prison, accused of the alleged sexual assault of a 23-year-old girl in the bathroom of a private room at the Sutton nightclub, in the Catalan capital, last night December 30. The order highlights that the player has offered “several statements and in each of them he has given a different version” and that in the last he had “no choice” to admit that he had had consensual sex because the traces of semen found in the vagina of the victim were his. The togada also maintains that it continues to exist flight risk and that “there are not sufficient reasons to modify” his provisional imprisonment, according to the order to which EL PERIÓDICO has had access.
In this way, the magistrate rejects the defense request that the Brazilian soccer player be released, arguing that the sexual relations he had with the victim were consensual and based on a report by a private detective on the images recorded by the cameras. nightclub security The footballer’s lawyer Christopher Martellyou can file an appeal against this resolution before the Court of Barcelona.
The resolution of the Judge Concepción Canton underlines the change of versions de Alves, from the initial statement that he did not know the young woman, to the last one in which he admitted that there had been sex, to which he consented, following the investigations of the scientific police and forensics on the seminal fluid inside the body of the victim. The player, according to the magistrate, was forced to admit vaginal penetration “because there was no explanation as to how the semen with the player’s DNA got there other than into the victim’s vagina.”
The judge: the victim “was clear, firm, forceful, credible, coherent and persistent”
“He hardly even looked at her”
The judge discredits the report presented by the defense to support the request for release and which analyzed the videos recorded by the nightclub’s security cameras. “Affirmations are made that have nothing to do with the facts.” And she gives an example: “dance with Alves, be with him chatting and normal, drinking a drink, has nothing to do” with what “happened inside the bathroom”, where there is no recording and “the victim states that she was raped and forced to have sex” with the player. The ruling states that “it is curious” that “if everything went as well as Alves points out” (that is, consensual sex) after leaving the bathroom he does not turn to the woman again, “he hardly even looks at her”.
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For the magistrate, “the evidence and reasons are sufficient” to accuse Alves of a crime of sexual assault “with penetration”. In this sense, he stresses that the victim’s statement “was clear, firm, forceful, credible, coherent, and persistent.” without appreciating “no spurious spirit”from your first complaint. “Faced with this we have the varied and different versions” that the player has offered.
The judge also indicates that there continues to be “a serious risk” that the soccer player “tries to evade the action of justice” if he were released, since he has Brazilian nationality, “regardless of whether he has Spanish nationality.” In his opinion, “simply going to Brazil would be put outside the reach of Spanish justice”, to the no extradition of its nationals by the South American country. They point out that he is a person “with great economic capacity and without any roots in our country”, since the fact that his wife, the model Joana Sanz, is Spanish “has no consistency” as she requested a divorce. “Simply by leaving the address where he indicated that he resides, he would put himself in a situation untraceable and would prevent the continuation of the procedure,” he specified.