Brazilian football icon Dani Alves, who spent a year detained in Spain, is set to stand trial this week on charges of sexually assaulting a woman at a nightclub in Barcelona.
The alleged incident involving the ex-Barcelona player occurred on December 30, 2022, a claim Alves vehemently denies. The trial is slated to run from Monday to Wednesday at a court in Barcelona.
Prosecutors in the case are advocating for a nine-year imprisonment for Alves should he be found guilty, whereas the legal team for the plaintiff is pushing for a twelve-year sentence.
Spain’s sexual consent law of 2022, which encompasses a broad spectrum of offenses from online harassment to rape, with varying penalties, could see a rape conviction result in up to 15 years in prison.
Alves, 40, was apprehended on January 20, 2023, following a police summons while he was in Spain. His detention was ordered post an initial police inquiry and after considering statements from the alleged victim, witnesses, and Alves himself.
Attempts by Alves’ legal representatives to challenge the credibility of the accuser and witness accounts with nightclub security footage were unsuccessful, as the court dismissed any alleged flirtatious behavior as a defense for sexual assault.
The court has consistently denied Alves’ bail requests, citing flight risk concerns, despite his offer to surrender his passport and agree to electronic monitoring. This is in light of Brazil’s policy against extraditing its nationals for overseas convictions.
Initially, Alves denied any interaction with the woman at the Sutton nightclub in a posh area of Barcelona. Following his arrest, he refuted any sexual involvement with her, only to later acknowledge a consensual sexual act, claiming he initially lied to protect his marriage.
Post-indictment, Alves reportedly cited intoxication as a mitigating factor. He has switched legal representation three times and currently, Inés Guardiola, a defense expert hired in October, represents him. The plaintiff is represented by Ester García, known for her expertise in sex crime litigation.
Presided over by magistrate Isabel Delgado, the trial will feature a three-judge panel and hear from twenty-eight witnesses across two days, with expert testimonies scheduled for Wednesday. The court will determine on Monday when Alves and the accuser will give their testimonies.
To safeguard the accuser’s identity, her testimony will be private, and capturing her image is prohibited, especially after a video purportedly revealing her identity circulated online last month.
Alves was moved to the Brians 2 prison, located roughly 45 minutes northwest of Barcelona, for safety concerns three days post-arrest, where he has remained since.
