Former Brazilian and Barcelona footballer Dani Alves has pleaded to be released from prison while awaiting final sentencing for raping a woman in a Barcelona nightclub.
Alves, 40, who was sentenced to four and a half years in prison last month, told a hearing Tuesday morning: “I believe in justice. I’m not going to run away.
His request to be released from Brians 2 prison near Barcelona, where he has been held since January last year, was opposed by Spanish prosecutors.
They say there remains a risk of flight given Alves’ wealth and the high sanctions imposed, Marca reported.
Alves, appearing via video link from prison, assured the court that he planned to “get to the end” of the case because he “believed in justice”.
Former Barcelona defender Dani Alves was last month sentenced to four years and six months in prison after being found guilty of rape.
The 40-year-old Brazilian was convicted of raping a woman in a Spanish nightclub in 2022.
Alves is being held at Brians 2 prison near the Catalan capital, Barcelona.
Former Brazil and Barcelona player Alves is one of the most decorated footballers in history.
Alves plans to appeal the sentence he received last month. The court will soon decide to release Alves until his final sentence is confirmed.
Alves, one of the most decorated footballers in history, had denied sexually assaulting the woman in the early hours of December 31, 2022.
He claimed he had consensual sex in the toilets of Barcelona’s upmarket Sutton nightclub with his 23-year-old accuser.
The woman insisted the footballer forced himself on her after hitting her during her court testimony.
State prosecutors had sought a nine-year prison sentence, and a lawyer representing his victim had requested 12 years in prison if he was convicted.
The three trial judges confirmed in a 61-page written decision made public after Alves learned of his sentence during a closed-door hearing last month that they had taken into account his payment as a “mitigating factor.” anticipated £128,000 (€150,000). ), he was ordered to pay his victim compensation.
They concluded that she had danced with Alves before voluntarily going to the toilet next to the Sutton VIP area which the footballer had entered moments earlier in what they described as an apparent “pre-agreement” to “to be with him in a more intimate space”.
But emphasizing that what they ruled had been proven and helped convict Alves, they added: “He attempted to penetrate his victim by using his greatest strength and throwing her to the ground and hitting her knee .”
“The victim asked Dani Alves to let her go, making it clear that she wanted to get out of there, but he did not let her go.
Dani Alves’ family was seen leaving the court during the trial last month – including his ex-wife Joana Sanz (middle left) and his mother Lucia (middle right).
Alves admitted to cheating on his ex-wife, Joana Sanz (pictured), but insisted he had consensual sex with his accuser.
“Finding herself in this situation, in these small toilets without the possibility of getting out because Mr. Alves was preventing her from doing so with the violent attitude he showed, she felt shocked and unable to react or breathe properly given the situation of anguish and terror she was experiencing.
They added of the toilet rape: “Using his physical strength and overcoming his victim’s opposition, Alves bent her over the toilet and raped his victim until he ejaculated inside her, without use a condom and without her consent.”
In a scathing attack on the footballer’s actions, they said that although she had an intimate relationship with Alves before voluntarily accompanying him to the toilet, that did not mean she was saying “yes” to sex.
“This did not give him carte blanche to commit the sexual assault that followed,” they insisted.
“Consent during sex should always be given before or even during sexual practice, so that a person can agree to sex up to a certain point and express opposition to continuing.”
Alves’ lawyer Ines Guardiola confirmed he would appeal the verdict and 4.5 year sentence
A 61-page ruling says Alves “grabbed the victim, threw her to the ground and prevented her from moving” during the act.
David Saez, who appeared in court as a member of the rape victim’s defense team in place of her lead lawyer Ester Garcia, said: “We have to study the sentence fully but we are satisfied because it is a condemnation that recognizes what we have always known, namely the truth that the victim was telling and the suffering she experienced.
Dani Alves’ lawyer Ines Guardiola confirmed in court after the footballer was jailed last month that she would appeal.
She said: “We will appeal the sentence and I still believe in Mr Alves’ innocence. He is fine.
“Obviously four and a half years in prison is better than nine or 12 years and I haven’t read the full sentence yet, but I will appeal.”
In addition to prison and payment of £128,000 (€150,000) in damages, Alves was sentenced to a further five years’ parole and a nine-and-a-half year banning order preventing him from contacting his victim or to approach her.
Alves, who became the oldest player to represent Brazil at the World Cup in December 2022 in Qatar, was ordered to stand trial last November.
He was initially accused of putting his hands on a woman’s underwear in the toilets of the VIP area of Sutton nightclub before learning his victim said she had been raped.
He was sacked by Mexican side UNAM Pumas after his arrest in Barcelona early last year when he returned to the Catalan capital to attend his mother-in-law’s funeral.
He made requests for bail several times after being remanded in custody, but they were all rejected, with judges saying his victim’s version of events was consistent and pointing out that Alves had changed his story to several times as the evidence against him emerged.
Alves claimed before his arrest that he never met his accuser, but eventually backed down after being detained.
In an exclusive interview from prison last June with a Spanish television journalist, he said: “The only person I have to ask for forgiveness from is my wife.”
Police were called to Sutton nightclub moments after Alves left with a friend when his rape victim and two women she was with alerted security.
A friend who was with him the night of the sexual assault told trial judges earlier this month that his friend was “crying uncontrollably” after leaving the bathroom and said Alves had “really injured.”
Alves denied physically and sexually assaulting his victim during his trial, saying: “I’m not that kind of man, I’m not violent.”
Alves most recently played for UNAM in Mexico after a second spell at Barcelona
His ex-wife, Tenerife-born model Joana Sanz, testified on his behalf and said he arrived home “very drunk”. His consumption of alcohol that evening was not taken into account as a mitigating circumstance.
Alves said in a letter that Joana posted online shortly before today’s sentencing and removed seconds later, saying she posted it by mistake: “I pray every day that the day will come when I’ll be able to see you wake up.”
As well as two spells at Barcelona, Alves has played for Sevilla, Juventus, Paris Saint-Germain and Sao Paulo.
He is widely regarded as one of the greatest full-backs of all time.
Early in the year before his conviction, his mother Lucia Alves sparked controversy and exposed herself to future prosecution by naming and describing her son’s victim in a social media post that she later deleted .
She attended his trial, which took place February 5-7, along with Alves’ brothers.
Spain’s second deputy prime minister, Yolanda Diaz, said last month: “I hope that this prison sentence will serve as an exemplary measure for all the sexist behavior that women are victims of in all areas.”