Barcelona Court adjusted a prior ruling and permitted a psychologist appointed by the defense team of footballer Dani Alves to participate in the case. The forensic examination of the young woman accused of sexual assault at the Sutton club in Barcelona on December 30 is now entering a new phase with the defense’s expert able to join the process. The move came after Alves challenged the decision by the investigating judge that had blocked a defense specialist from observing the victim during the medical-legal examination. The defense argues that the defendant has the right to have an expert present to safeguard the integrity of the assessment and ensure due process.
The defense team, led by Cristóbal Martell and Arnau Xumetra, had requested the appointment of an expert to attend the victim’s examination, a procedure commonly used in rape cases to evaluate whether the complainant shows signs compatible with sexual assault. The request was first supported by the president of the examination court in Barcelona, who accepted the principle of an expert independent of the state, paid for by the defense. The opposing parties, including the prosecution and the private accusation filed by the victim, had opposed the judge’s initial decision, fearing that the victim might face further harm if the examination were not conducted with appropriate safeguards.
The Barcelona Court clarified that the right to defense includes the possibility for a defendant to hire an expert at personal expense to participate in the forensic process. It was emphasized that the expert report from the forensic medicine physician is presumed accurate and objective, yet its conclusions can be contested and rebutted by another qualified expert if needed. This interpretation aligns with ensuring a fair examination in the presence of the defense while maintaining professional standards.
According to the court, the presence of a defense expert in the discovery phase can be harmonized with the victim’s status. It would allow the assessment to be carried out by professionals collaboratively involved in an integrated process, thereby reducing the risk of re-traumatizing the victim through a second, unnecessary recounting of events. The court stressed that the examination should proceed in conditions that protect the victim’s privacy and promote a constructive environment for discovery while enabling robust evidence gathering.
The young woman is expected to undergo a psychological evaluation by the Institute of Forensic Medicine and Forensic Sciences of Catalonia IMELEC. The psychologist designated by the defense may participate in this assessment, facilitating a more comprehensive understanding of the victim’s condition in the context of the case.
Meanwhile, as the defense had requested earlier, the investigating judge is also required to decide whether Dani Alves should be released on probation pending trial. The status of the case at Sutton on the night of December 30 remains under review with the judge and counsel seeking clarity on ongoing measures. This point can be appealed if necessary, and the Madrid-based court system, represented by the Barcelona Court, will review the decision on parole in due course. The previous ruling denying parole was based on concerns that Alves might flee and on the strength of the evidence presented in the case, which the authorities view as substantial.