Dani Alves faces second day of sexual assault trial in Barcelona

Joseph Wilson, Associated Press

Brazilian footballer Dani Alves sat in silence and listened to a stream of witnesses give evidence during the second day of his sexual assault trial in Spain on Tuesday.

Alves is accused of sexually assaulting a woman in the bathroom of an upscale Barcelona nightclub on December 31st, 2022.

He has denied any wrongdoing.

State prosecutors are seeking a nine-year prison sentence for Alves, if convicted, while the lawyers representing his accuser want 12 years.

His accuser gave evidence on Monday, the start of the three-day trial, behind closed doors on order of the Barcelona court. State prosecutors asked for the court to take extra measures to protect her identity after a video circulated on social media last month that allegedly identified the woman.

In evidence previously given to state prosecutors last year, the woman said she met Alves in a VIP area of the Sutton nightclub after midnight where she had gone with a friend and a cousin. She said she accompanied Alves into a private bathroom where he allegedly slapped her, used insulting language and raped her.

Alves has said the encounter was consensual.

The woman’s friend and cousin testified on Monday that when they saw her after she exited the bathroom she was distraught and told them Alves “hurt her badly” by forcing her to have intercourse without her consent.

On Tuesday, police officers who attended the alleged victim said in evidence that she was greatly shaken and told them she had been sexually assaulted by Alves. The officers said she had to overcome her fears that “nobody would believe her” before she formally denounced Alves.

One officer said the woman told him “I don’t want money, I want justice.”

The manager of the nightclub, who activated its sexual assault protocol by counselling the woman and calling police, said she told him she entered the bathroom with Alves “voluntarily but later she wanted to leave and he would not let her”.

The friend accompanying Alves that night, who was also an employee of the Mexican soccer club Pumas where Alves was playing, also gave evidence. He said Alves drank wine and whisky before going to the nightclub.

According to his friend, Alves and the alleged victim danced together and showed “chemistry” before going into the bathroom. He said he had not noticed anything wrong with the woman afterwards.

Alves will give evidence on Wednesday.

Alves (40) has been in pre-trial jail since being detained by police on January 20th, 2023. His requests for bail were denied because the court considered him a flight risk, despite his offer to hand over his passport and wear a tracking device.

Brazil does not extradite its own citizens when they are sentenced in other countries.

Alves modified his defence several times during the investigative phase while in custody.

At first, he denied having ever seen the woman when he went dancing on the night in question. Upon his arrest, he then denied any sexual contact with her, only to later admit to a sexual encounter that he said was consented to by the woman.

He said he had been trying to save his marriage by not admitting to the sexual encounter initially.

Alves’s wife, Joana Sanz, told the court that Alves was “smelling of alcohol” when he arrived at their home outside Barcelona early in the morning. Ms Sanz, Alves’ wife since 2017, said that she has not legally requested a divorce, after having said that she wanted one after the scandal broke.

Alves has been ordered to set aside €150,000 to pay his alleged victim if he is found guilty and ordered to pay damages.

On arriving at the courtroom under police escort, Alaves shrugged his shoulders when asked by reporters if he thought he would be found not guilty.