The trial of former Brazilian footballer Dani Alves, Barcelona/Reuters
Dani Alves, a former Barcelona footballer and the Brazilian national team, appeared in court in Barcelona this evening (Wednesday) for the last day of the trial against him - about a year after he was arrested on suspicion of raping a woman in a night club in the city.
The 40-year-old Alves has been behind bars since he was arrested more than a year ago, on the night of December 31, 2022, but even today in his testimony in court he insisted that he strongly denies what has been attributed.
He confirms that they did have sex, but rejected any attempt to accuse him of rape.
The prosecution demanded before the trial nine years in prison if convicted, while the accuser's lawyers demand that he be imprisoned for 12 years.
Alves could have chosen whether to testify at trial, but he chose to.
At the beginning of the day, forensic experts testified that they clarified that there was no injury to the complainant's genitals, but also added that they do not rule out that the sexual relations took place without consent: "We cannot say that there was no sexual assault," they stated.
Dani Alves in court in Barcelona.
Strongly denies the allegations against him/Reuters
Alves' legal representatives tried to argue that the evidence collected was insufficient to convict him, certainly if harm was ruled out: "There are gaps between the stories and the accusations."
In today's hearing, there was extensive discussion regarding the Brazilian's alcohol consumption, arguing that if it is extenuating circumstances, a sentence of between 6 and 9 years will be required.
"At a certain point in the video, it appears that he fell, so you can see that his abilities were impaired," it was said, and witnesses on behalf of Alves added: "He is not used to drinking alcohol. He has no problem with alcohol, but we believe that the amount he consumed damaged his abilities, also cognitively."
After that, excerpts from the club that night were shown in court and then Dani Alves went up to testify - knowing that his fateful testimony might decide the fate of the trial.
"I got home after the party and fell asleep. I drank too much, my wife was already asleep and I fell asleep in bed," he said first, in another attempt to make it clear that he was totally drunk and hence this is a circumstance that could facilitate the decision on his punishment - if indeed he was not aware of his actions.
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"The next day I was informed about the complaint and I burst into tears," Alvesach continued, "I was finished. All the contracts I had were canceled, Pumas (the group he belonged to) threw me out and I was left with 50 thousand euros."
Prosecutor Elizabeth Jimenez told Alves that the victim's testimony on Monday was reliable and clarified: "There may be details she did not give, but they are not ones that harm Danny Alves and her story has strong indications and evidence."
The complainant said in her testimony that "it was a terror scene" and admitted that "I went to the place voluntarily, but I didn't know it was a bathroom."
Further to that, she stated that there is no evidence that Dani Alves drank four bottles as claimed and he was asked about the fact that he and his friend within a few minutes of the incident paid and left the club: "Did you leave very quickly because everything was consensual?".
The footballer said about this: "I drank a bottle or two of wine and a bottle of whiskey. Two women approached us and we danced together. Then another girl joined and started dancing closer to me. We had fun together and when things got heated, I started touching her private parts. I went to the bathroom and thought she wouldn't come , I thought she wouldn't want it and she performed oral sex on me. Then she sat on me and for a moment I didn't stop her from going out. Never. We were just having fun and she didn't say anything to me about wanting to stop."
"She didn't tell me she wanted to stop."
Danny Alves/GettyImages, DAVID ZORRAKINO/POOL/AFP
As I recall, before an indictment was filed against Dani Alves, his lawyers unsuccessfully tried to discredit the testimony of the accuser.
Alves changed his defensive line several times.
At first he denied ever seeing the woman.
Upon his arrest he denied any sexual contact with her.
Three months later he admitted to sexual contact which he said was consensual.
He said he tried to save his marriage by not confessing at first.
Today (Tuesday) is supposed to be another important day in the trial, as the target is a friend of Alves who was with him at the club that night, as well as three employees from the club.
As mentioned, Alves will testify on Wednesday.
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Dani Alves