The victim of the alleged sexual assault of the Former FC Barcelona footballer, Dani Alves, has assured through a statement from his lawyer, Ester García, that the conversations held until now with the footballer’s defense, “at their request and which we consider confidential”, resulted “in the impossibility to reach any understanding”, due to the different positions of the parties “regarding the extreme seriousness of the facts and the penalties to be imposed”.
In these conversations, as EL PERIÓDICO has learned, the defense considered the possibility of compensating the complainant with a significant amount of money. In this sense, the lawyer points out in her statement that “any crime against sexual freedom, the moral damages and consequences are irreparable”, implying that the possible pact is practically impossible if it is limited to an economic issue. The statement was issued this Thursday after it was reported that last August the victim had sent a letter to the court in which she revoked her decision expressed before the investigating judge during her statement not to claim any compensation.
The legal sources consulted by EL PERIÓDICO maintain that That revocation is a mere procedural step. in case in the trial the victim decides, in the end, to request compensation for the psychological damage caused by the alleged sexual assault, as is her right. For now, the prosecution is the only party that has presented its indictment and in it, In addition to the sentence of 9 years in prison and 10 years of supervised release, he demands compensation of 150,000 euros, an amount that was already recorded in court by the former player after being prosecuted and following a request from the investigating judge. Alves’ defense maintains that the deposit of this amount should be legally considered as a mitigating measure for repairing the damage, so that a possible sentence, in his opinion, would be reduced, if it is considered highly qualified, to up to one year in prison. .
The conversations
This newspaper has been able to confirm that the first conversations between the parties took place a few months ago at the request of the then Alves’ lawyer, Cristóbal Martell, and a meeting was held with the prosecutor of the case and the victim’s lawyer, but no agreement was reached regarding the former player’s claim that the pact include a sentence that would not imply his continuation in prison, where he was admitted on December 20. January after testifying before the investigating judge. At that meeting, a sentence of three years in prison and a suspension of his execution were proposed, a fact that was rejected by the prosecution. Likewise, a significant amount of money was put on the table for the victim, who was also repudiated by his representative.
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The conversation continued when Alves changed lawyers and Inés Guardiola took charge of the defense, but neither party reached an agreement. Their differences were notable. The sources consulted assure that there have been no contacts for two months. The former player’s defense has shown signs of a new strategy with the request for annulment of the proceedings, which was rejected by the court, and his new request, also denied, for the ex-footballer’s freedom. From the outset, the defense is not willing to accept a sentence that means Alves will continue in prison.
The complainant’s lawyer points out in her statement that she understands the “duty of information and the media interest that arouses” the judicial procedure for the alleged sexual assault that occurred at the Sutton nightclub on the night of December 30 to 31, as I will be the defendant. a well-known figure, although, he specifies, said extreme “does not legitimize the publication and/or broadcast of information whose only result is to increase the obvious suffering of our client.” For this reason, the lawyer warns that she reserves appropriate legal actions in the event of “biased or false” information that seeks to increase the pressure and damage suffered by the injured party.