Dani Alves, sentenced to 4 and a half years in jail for the rape of a younger girl in a nightclub | Society | EUROtoday

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The Barcelona Court has sentenced Dani Alves to 4 and a half years in jail for the sexual assault of a 23-year-old lady within the bogs of a sales space on the Sutton nightclub in Barcelona. The magistrates of Section 21 give credibility to the sufferer's account of the occasions and take into account it confirmed that the previous FC Barcelona participant penetrated her vaginally with out her consent. The sufferer of the rape has obtained information of the conviction, which isn’t closing and may be appealed, within the workplace of her lawyer, Ester García.

The Prosecutor's Office initially requested 9 years in jail, which the personal prosecution, on behalf of the sufferer, raised to 12. The courtroom, nevertheless, has appreciated an extenuating circumstance that has helped Alves to see the jail sentence diminished: reparation of the harm, since he paid the 150,000 euros in compensation requested by the Prosecutor's Office. In addition to the 4 and a half years – of which he has already served a 12 months and a month in preventive detention – the sentence imposes a five-year supervised launch sentence, which can be utilized as soon as the jail sentence has been accomplished. It additionally prohibits him from approaching lower than one kilometer from the sufferer's residence or office and orders him to pay 150,000 euros for ethical damages and accidents prompted to the younger girl.

The courtroom considers the sufferer's story about what occurred within the bogs of Sutton's personal room to be confirmed. Alves “suddenly grabbed the complainant, threw her to the ground and, preventing her from being able to move, penetrated her vaginally, even though the complainant said no, that she wanted to leave.” The magistrates perceive that this “complies with the type of absence of consent, with the use of violence and carnal access.” The younger girl didn’t have vaginal or different accidents (apart from a bruise on her knees), however the ruling recollects that “for the existence of sexual assault, it is not necessary that physical injuries occur, nor that there be evidence of heroic opposition on the part of the victim to have sexual relations.”

“Consent can be revoked”

The court develops an extensive argument regarding consent, an issue that is at the epicenter of the Alves case and that has made it the first major criminal case after the approval of the law of the only yes is yes. “Not only can consent be revoked at any time, but consent must also be given for each of the sexual varieties within a sexual encounter.” “There is no evidence,” adds the ruling, that the victim “gave her consent” for this practice; Furthermore, it considers it proven that Alves “subdued the will of the victim with the use of violence.”

The resolution has come just two weeks after the last session of the trial, which was held between February 5 and 7. Although in cases with preventive prisoners (like Alves) sentences are usually handed down quickly, it is a very short period, but not unusual for Section 21. During the last opening of the judicial year in Catalonia, its magistrates were decorated for having reduced the enormous backlog in cases that that section accumulated.

The oral hearing was held amid great expectation and could only be partially followed due to the restrictions imposed by the court to protect the victim. For example, images from Sutton's security cameras of the reserved area could not be seen, which according to Alves do not correspond to what the victim reported. The player defended her innocence and tried to undermine the young woman's credibility even though hers was already at very low levels.

The contradictions of the footballer

The investigation began in the worst way for him: on January 20, 2023, after a trip to Spain to accompany his wife, Joana Sanz, he was arrested by the Mossos d'Esquadra and taken to testify before the investigating judge. There he offered up to three different versions of what happened in the bathroom of Sutton's booth: first he said that he did not know the girl, then that nothing happened between them and finally that the young woman “pounced” on him in the bathroom to perform fellatio on him. . These contradictions landed him in jail, and only in April, when he was trying at all costs to avoid prison through less severe measures, did he admit that there had been penetration.

Since then there have been two versions in the case, which are the ones that could be heard at the trial. The victim maintains that Alves treated her with violence in the bathroom—including slaps and insults—and penetrated her without her consent until he ejaculated. Her statement was held behind closed doors by order of the court to protect her privacy. The former FC Barcelona footballer, on the other hand, maintained that they both had a sexual relationship with full consent of both parties: “At no time did he tell me to stop, we were both enjoying it and nothing more,” he said in his statement.

The Prosecutor's Office requested nine years in prison for Alves for a crime of sexual assault, three less than the private accusation. The Brazilian footballer, on the other hand, asked for absolution. His lawyer, Inés Guardiola, proposed as an alternative, in the event that they did not believe in his innocence, a reduction in the sentence with the application of two mitigating circumstances: reparation for the damage (for having paid the 150,000 euros in compensation requested by the Prosecutor's Office) and state of intoxication, due to the consumption of alcoholic beverages on the night of the events, December 31, 2022.

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Telephone 016 assists victims of all sexist violence – from sexual to psychological, bodily or financial -, their households and people round them 24 hours a day, on daily basis of the 12 months, in 53 totally different languages. The quantity is just not registered on the phone invoice, however the name have to be deleted from the system. You may contact by way of e mail 016-online@igualdad.gob.es and by WhatsApp on the quantity 600 000 016. Minors can contact the ANAR Foundation phone quantity 900 20 20 10. If it’s an emergency scenario, you may name 112 or the National Police phone numbers (091) and the Civil Guard (062). And if you happen to can’t name, you need to use the ALERTCOPS utility, from which an alert sign is shipped to the Police with geolocation.