Former Brazilian international Dani Alves has publicly acknowledged, for the first time, that he was intoxicated on the night he is accused of committing sexual assault. This revelation comes from judicial sources, as confirmed by the news agency EFE.
If acknowledged as a mitigating factor during the court proceedings in February, it might result in a diminished sentence upon a conviction.
Dani Alves’ Shifting Narratives
Alves’ attorney, Inés Guardiola, contends that the extent of Alves’ intoxication impaired his cognitive abilities, rendering him unaware of his actions.
This marks the fifth occasion Alves has altered his account since his arrest in January of last year on charges of sexually assaulting a woman at the Sutton nightclub Barcelona nightclub on December 30, 2022.
Initially, he asserted no knowledge of the victim. Subsequently, he claimed to have encountered the woman in the club’s bathroom, with nothing untoward occurring.
Upon being presented with biological evidence, the former Barcelona and Paris Saint-Germain defender revised his narrative, stating that the woman had consensually engaged in oral sex with him.
His assertion faced a challenge as biological evidence, gathered by the police, contradicted Dani Alves’ statement on January 20. Following thorough analysis, it became evident that an encounter had indeed taken place between Alves and the girl in the nightclub’s bathrooms.
Another Story Change: From Fellatio to Penetration
In April, following additional biological tests, Alves admitted for the first time that he had sexual relations with the woman. He asserted it was consensual and confessed to lying earlier to conceal infidelity to his wife.
Yet another shift in the narrative occurred on April 17 when Dani Alves introduced a new element to his explanations.
This time, Alves asserted that there had been vaginal penetration. Subsequent DNA analysis by the police revealed traces of semen. In a statement, the soccer player’s lawyer explained that the young woman may have felt “offended or angry” when requesting him to leave the bathroom separately, and perhaps not paying sufficient attention to the conclusion of the sexual act.
Again Change of Statement
According to his lawyers, the footballer, Dani Alves, initially provided a false statement to avoid detection by his partner, model Joana Sanz.
The argument put forth by lawyer Cristobal Martell was that Alves sought to shield his family and was apprehensive about publicly admitting to infidelity with his wife. Nevertheless, Alves has consistently maintained that the sexual encounter was consensual.
Another Shift in Statement
In the most recent rendition of events on the night of December 30-31, 2022, Dani Alves contends that he was severely impaired by alcohol. According to El Periodico’s report, the footballer claims that his faculties were not at full capacity due to significant alcohol consumption, which, he argues, adversely affected his abilities.
“He was severely impaired by alcohol consumption and that affected his abilities.”
Alves’ Defensive Strategy Alteration
Dani Alves has undergone a shift in his defense strategy throughout the legal proceedings. Initially represented by the renowned lawyer Cristobal Martell, the Brazilian footballer saw a change in his legal counsel starting from October 2023. Inés Guardiola, a professor of Criminal Law at the University of Barcelona and the secretary-treasurer of the Prison Law Commission and the Drugs Commission of the Barcelona Bar Association, has taken over as his legal advisor.
Alves, aged 40, has been in preventive prison without bail since his arrest a year ago. His contract with Liga MX club Pumas UNAM, which he joined after departing Barcelona in June 2022, was terminated upon his detention.
The trial is scheduled for February 5-7 at a court in Barcelona.
Varied Sentencing Demands and Spain’s Complex Sexual Consent Law
The state prosecutors are pushing for a nine-year prison sentence, while the legal representatives of the woman are advocating for a 12-year term behind bars. Additionally, they are requesting restraining orders against Alves post-incarceration and a payment of damages totaling €150,000 ($163,605) to the woman.
It’s worth noting that Spain’s sexual consent law, enacted last year, encompasses a broad spectrum of offenses, ranging from online abuse and groping to rape, each carrying distinct potential penalties.
Notably, a charge of rape, the severity of which is at the core of Alves’ case, can result in a maximum sentence of 15 years according to this legislation. As the court date approaches, the outcome of this legal battle will significantly impact Alves’ future and the broader implications for sexual assault cases under Spain’s evolving legal framework.
