Dani Alves to discover fate over rape case next week

Dani Alves to discover fate over rape case next week

David Ben 14:50 - 17.02.2023

After an appeal hearing on Thursday, reports from Spain say the Brazilian footballer's fate will be made public on Monday or Tuesday of next week.

Dani Alves rape case could finally reach a resolution following the latest reports from Spain.

The Brazilian footballer is currently in Brians II prison having been arrested over accusations of rape on December 31.

The former Barcelona defender is going through one of the worst periods in his life, after being accused of sexual assault by a 23-year-old lady who claims the footballer forcefully touched her without consent in the Bathroom of a Sutton nightclub in Barcelona.

Alves and his legal teamdan on Thursday, February 16, for an appeal hearing with a view to securing a temporary release on bail.

Dani Alves.

However, the former Pumas defender might have to wait a bit longer for to know the court’s verdict.

Dani Alves to know fate next week 

Dani Alves.

According to a report from Spanish publication AS, the decision of the three magistrates of the Barcelona court after the appeal hearing held on Thursday morning will be postponed until next week.

The report adds that journalist Carlos Quílez, has told in the program Y’ ahora Sonsoles, the judges are expected to make public their decision about whether he remains in detention or is granted provisional freedom next Monday, February 20, or Tuesday, February 21.

Dani Alves was arrested after the statements of the victim and the player himself before the investigating judge, who decided to send him to provisional detention without bail because she considered that there was a risk of flight since the footballer is a native of a country with which there is an extradition agreement  with Spain and due to his the financial muscle.

Alves’ defense team headed by Cristobal Martel, have since argued that he has both family and business roots in Barcelona, and that he would be willing to comply with all the precautionary measures that could be imposed on him.

These measures could either be to wear a telematic bracelet that could easily locate him, to make a periodic appearance to sign in court, to have a restraining order and prohibit communication with the victim, or surrender his two passports.

What happened at the Dani Alves appeal hearing on Thursday?

Dani Alves

AS reports that both the prosecutor’s office and the defense of the alleged victim asked that the Brazilian footballer remain in prison due to the seriousness of the facts and the risk of flight.

Cristóbal Martell, the criminal lawyer who defends Alves, also admitted in the hearing that there was indeed ‘vaginal penetration’, but that it was consented in this case.

Martell’s point would fit with the results of forensic tests, which indicated that the DNA remains found inside the victim's body matches that of the sample provided by the player.

Alves’ team also stressed that, according to the medical report of the Hospital Clínic, where the young woman was treated the morning after activating the protocol against sexual assaults, there were no vaginal lesions typical of dry intercourse nor injuries that indicate that there was use of force. 

Also, with regards to the victim’s injuries to one of her knees, Martell said they could be due to the small dimensions of the bathroom where the encounter would have taken place, adding that the images of the videos of the cameras of the disco do not support the testimony of the young woman, since, according to him, she and her cousin and friend appeared in a jovial attitude in the club’s VIP section.

On the part of the victim’s defense and prosecutor’s office, the release of the footballer has since been opposed in the strongest of terms, for the accumulation of evidence against him and for observing flight risk. 

"What cannot be is that he is free while the victim has to be locked up," the young woman's lawyer was quoted to have told the media outside the court as per AS.

In short, the prosecution’s stance on the temporary release of Alves did not change at Thursday's hearing.

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