Author: Enric Fontcuberta | EFE
A court in Barcelona is holding a second hearing in the case of a Brazilian soccer player accused of rape, whose roots in the city are “fictitious”, according to the prosecution
In the next few days, about a week, Daniel Alves know if you can go out or not jail. The court in Barcelona held an oral hearing this Friday, after which it will be decided whether the Brazilian soccer player will remain in prison until the trial for sexual assault. Alves is accused of raping a 23-year-old girl in the bathroom of a night club in Barcelona last December. The player was in Barcelona on vacation after the World Cup in Qatar.
The hearing lasted about an hour. Neither the victim nor the alleged rapist attended. Only the attorneys of the parties and the Prosecutor’s Office appeared. The lawyer of the Brazilian defender again requested the release of the footballer. He has already asked for release twice, twice before the investigating court handling the case and in separate appeals before the court in Barcelona. Instead, both the victim’s lawyer and the prosecution argued that he should remain in prison, which he temporarily entered on January 20. To date, the judiciary has believed the victim’s thesis that she was raped and has rejected all requests from the Brazilian side to be released.
During the hearing, the footballer’s lawyer Cristóbal Martell tried to allay the fears of the judges and the prosecution that Alves would flee Spain if he was released from prison. The argument he used is that he wants to defend himself, since he has arguments with which he claims that the sexual relations they practiced in Sutton Night Club from Barcelona on the night of December 30, they agreed. Cristóbal Martell brought to the table the fact that the player’s family – his ex-wife and their two children – decided to return to Barcelona from Brazil and settle in Barcelona. Two minors have already applied for the next course. For the defendant’s lawyer, the registration of his children is a fact that confirms his thesis that he is not in danger of fleeing because he is rooted in the capital of Catalonia. The victim’s lawyer and the Prosecutor’s Office, on the other hand, do not consider this to be a sufficient argument and consider it to be “fictitious” rooting. Both believe that the risk of the player fleeing remains, as he has a high economic potential.
“Sexual courtship”
After the parties have been heard, the judges Barcelona crowd they will have to decide whether to let Dani Alves go. Those same judges already determined in February that the football player should remain behind bars. They confirmed the decision of the investigating judge. Since then, the defendant’s defense has introduced two new items: the report of his ex-wife and two children, and a new version of the events that took place in the night club by the alleged assailant. At first he denied that he recognized the girl, and later he admitted that there was intercourse, but no penetration. In the end, he admitted that there was penetration, albeit consensual. He had to admit it because the DNA found in the semen in the victim’s vagina was his. The young complainant assures that she was raped and beaten in a private room of the Sutton night club. According to the footballer’s lawyer, there was “sexual flirtation” between the two of them, and the girl voluntarily agreed to a private room. The young woman describes an atmosphere of fear and terror.
Source: La Vozde Galicia

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