Dani Alves is on trial for allegedly raping a young woman in a nightclub in Barcelona

In an order, the tribunal’s 21st division upholds the prosecution of the former Brazil international, concluding that victim and witness statements, as well as expert evidence, support sufficient evidence to send him to trial for sexual assault.

With this decision, a five-day period was opened for the victims to submit their qualification documents to the prosecutor’s office and the special prosecutor’s office, which was the last action before the trial date was determined.

The president of Barcelona’s court of inquiry No. 15 filed a lawsuit against Alves in July, in a ruling in which he upheld Alves’ preventive detention after he was detained by Mossos d’Esquadra, accused of raping the 23-year-old girl. On December 30, Sutton was sentenced to years in prison in a segregated room of the nightclub and bail was given at €150,000 to cover possible compensation to the victim.

Alves’ defense, led by Inés Guardiola since last October, had requested the annulment of the case on the grounds that leaks regarding the investigation violated the presumption of innocence and that the questioned elements were ignored with a “self-interested approach”. He claims that he doubted the victim’s complaint in a “servant and distorted” manner and that the judge lost his “impartiality” due to the “parallel trial” of the former football player that appeared in the media.

“When media dissemination is widespread, the contamination of the judicial investigation becomes irreparable and irreversible, the violation of fundamental rights aiding the investigation becomes insurmountable,” Alves’ defense said.

The Barcelona Court recognizes that cases affecting “public figures” have an “undoubted impact on the media” and that views may be expressed in the media that “unprocedurally” undermine the presumption of innocence. It does not affect the judicial process and states that the remedy will be the protection of the right to dignity.

In its ruling, the court regretted the leaks and “parallel cases” but insisted that this could not lead to the invalidation of the investigation as these had “no direct impact” on the judicial process.

He also argues that the defense, despite their criticism of the instructor, did not request his recusal and did not provide evidence that his supposed impartiality was reflected in the process, but rather recalled that the magistrate accepted all the procedures he followed. This part was requested during the investigation.

Regarding the request for annulment of the recognition of the victim made by the defense due to the failure of the expert appointed on July 11 to intervene, the Court referred it to questions before the oral hearing.

The investigating judge prosecuted Alves, concluding that there were “sufficient rational indications” to “suppose” that Alves had danced with the victim and that the former footballer twice took her hand and placed it on his penis. The girl pulled back both times.

Later, through a door that led to a small bathroom for private use in the VIP area, Alves called out to the girl and pulled her forcefully as the young woman arrived, the victim telling her to stop, to stop him. He said he took her out and wanted to leave.

However, according to the judge, Alves did not pay any attention to this, pulled her dress and put it on her, grabbed the back of her head and threw it to the ground, causing the girl to suffer a head injury. -, to get her to perform oral sex on him, although he was not successful, which left the football player “furious”.

According to the indictment, faced with this situation, the former Brazilian national football player slapped the victim “several times” in the face, forced her back against the small sink, rubbed his penis against her body, and finally “violently” entered the woman. ” “.

During the investigation, Alves presented four different versions to the court: First, he claimed that he did not know the victim, then he admitted that he had met the young woman in the bathroom of the nightclub without any incident between them. When comparing his statements with biological evidence, the judge argued that the girl had performed oral sex on him with her own consent.

Then, last April, when the results of biological tests that found traces of Alves’ sperm in the victim’s private parts were already known, the football player testified again before the coach at his own request and admitted that he had consensual sexual intercourse. that he lied at first to hide his infidelity from his wife.