individual making accusations in Dani Alves’ trial is seeking “justice…

Following his arrival at the Barcelona courtroom under escort and in handcuffs, Dani Alves remained silent, attentively listening to a series of witnesses providing testimony during the second day of his sexual assault trial on Tuesday.

Alves faces allegations of sexually assaulting a woman in the restroom of a high-end Barcelona nightclub in the early hours of December 31, 2022.
     He has refuted any allegations of misconduct.
State prosecutors are pursuing a nine-year prison term for Alves in the event of a conviction, whereas the legal representatives of his accuser are advocating for a 12-year sentence.
On Monday, at the commencement of the three-day trial, his accuser provided testimony behind closed doors as per the court’s directive. State prosecutors requested additional precautions from the court to safeguard her identity following the circulation of a video on social media last month that purportedly revealed the woman’s identity.
In testimony provided to state prosecutors last year, the woman recounted encountering Alves in a VIP section of the Sutton nightclub after midnight, where she had gone with a friend and a cousin. She stated that she accompanied Alves to a private restroom, where he purportedly slapped her, used derogatory language, and sexually assaulted her.
Alves has asserted that the encounter was consensual from her side.
On Tuesday, police officers who assisted the alleged victim testified that she was profoundly shaken and disclosed to them that she had been sexually assaulted by Alves. They mentioned that she had to overcome her fears of not being believed before formally accusing Alves.
     An officer reported that the woman expressed, “I’m not seeking money; I seek justice.”
The nightclub manager, who initiated a sexual assault protocol by advising the woman and contacting the police, stated that she informed him she entered the bathroom with Alves “of her own accord, but later, she wished to leave, and he prevented her from doing so.”
A friend of Alves, who was also employed at the Mexican soccer club Pumas where Alves was playing, gave testimony as well. The friend, who was with Alves that night, stated that Alves consumed wine and whiskey before heading to the nightclub. As per his friend, Alves and the alleged victim danced together and exhibited “chemistry” before entering the bathroom. He mentioned that he hadn’t observed anything amiss with the woman afterward.
Alves’ spouse, Joana Sanz, informed the court that Alves arrived at their residence outside Barcelona in the early hours, and she noticed he was “scented with alcohol.” Sanz, Alves’ wife since 2017, stated that although she had previously expressed a desire for a divorce when the scandal emerged, she has not initiated any legal proceedings for it.

Alves is scheduled to address the three-judge panel on Wednesday.

Alves, who is 40 years old, has been held in pre-trial detention since his arrest on January 20, 2023. His bail requests were rejected by the court due to concerns about him fleeing, despite his proposal to surrender his passport and wear a tracking device. It’s worth noting that Brazil does not extradite its citizens when they are convicted in other countries.

During the investigative phase while in custody, Alves altered his defense multiple times.

Initially, he claimed to have never seen the woman when he went dancing on the night in question. Following his arrest, he denied any sexual contact with her, but later acknowledged a consensual sexual encounter with her. He explained that he had initially refrained from admitting to the sexual encounter in an attempt to preserve his marriage.

If found guilty and ordered to pay damages, Alves has been instructed to set aside €150,000 ($162,000) for his alleged victim.

This trial marks the first high-profile sex crime trial since Spain reformed its legislation in 2022, aiming to make consent, or its absence, a central aspect in defining sexual offenses. The legislative change came in response to widespread protests following a gang-rape case during the San Fermin bull-running festival in Pamplona in 2016. Popularly known as the “only yes means yes” law, the legislation specifies that consent must be explicitly expressed by a person’s will, clarifying that silence or passivity do not constitute consent.

According to the law, the offense of sexual assault encompasses various acts ranging from online abuse and groping to rape, each with varying penalties. Rape, for instance, can result in a maximum sentence of 15 years.

Upon arriving at the courtroom escorted by police, Alves responded with a shrug when questioned by reporters about his expectations of being found innocent.

Alves achieved significant success with top-tier clubs such as Barcelona, Juventus, and Paris Saint-Germain, winning major titles. Additionally, he contributed to Brazil’s victories in two Copa America tournaments and secured an Olympic gold medal at the age of 38. Although he participated in his third World Cup in 2022, the only major title he has not yet won, his contract with Pumas was terminated promptly following his arrest.

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