Dani Alves says he’s “not that type of man,” while disputing accusations of sexual assault

In his testimony on Wednesday, Brazilian soccer player Dani Alves refuted claims that he had sexually assaulted a young lady at a nightclub in Barcelona, saying he is “not that kind of man.”

Following two days of hearing evidence from witnesses, specialists, and the accused victim, Alves declared to a Spanish court that their contact had been consensual. According to his accuser’s testimony, early on December 31, 2022, Alves sexually assaulted her in the restroom of a classy nightclub.

Alves told his defense attorney, “I am not that type of man; I am not a violent man,” when asked whether he had coerced her into having sex.

State prosecutors were informed by the accused victim that she danced with Alves and voluntarily went into the restroom, but that he afterward refused to let her out. She said he had insulted her, smacked her, and coerced her into having intercourse against her will.

Alves refuted that.

She never instructed me to cease. Alves said that the lady never wanted to leave or showed any signs that she did not want to have sex with him. “We were both having fun,” he added. In addition, he denied ever hitting or insulting her.

If found guilty, Alves may face a nine-year jail term according to state prosecutors, but the attorneys for his accuser are asking for a 12-year sentence. In the event that he was found guilty, his defense requested a one-year term in addition to 50,000 euros ($54,000) in compensation for the victim.

The trial ended on Wednesday after three days. Weeks are often needed for a verdict to be rendered.

Alves, 40, was led into the little courtroom while handcuffed. He was dressed in a black suit, spectacles, and a long-sleeved white sweater. As she has been throughout the trial, his mother was there outside. It was only on Tuesday that his wife appeared in court to testify that he had come home “smelling of alcohol” after the alleged attack.

On the court’s instruction, his accuser gave a closed-door testimony on Monday. In response to a video that purportedly identified the lady that went viral on social media last month, state prosecutors requested that the court take further steps to preserve her identity.

The accused victim’s friend and cousin, who went dancing with her that evening, testified before the three-judge panel on Monday that she was upset when she came out of the restroom and said Alves had “hurt her badly.”

The accused woman was reportedly very upset when police officers arrived to cater to her and informed them that Alves had sexually abused her. Before she could publicly accuse Alves, the cops said on Tuesday, she had to get over her concern that “nobody would believe her.” The lady reportedly replied to one officer, “I want justice, not money.”

The lady and Alves had “chemistry” before Alves went into the restroom, according to Alves’ buddy who was with him at the nightclub, and he hadn’t seen anything odd with her subsequently. The companion also said that before heading to the nightclub, the soccer player had some wine and alcohol.

The defense team for Alves requested that the court consider his inebriation as a mitigating circumstance for a lighter sentence in the event that he is found guilty.

The lady was assessed by a forensic psychologist, who testified on Wednesday that she was experiencing “post-traumatic” symptoms. However, an independent expert summoned by the defense disagreed with this judgment.

As she wrapped up her case, the state prosecutor said, “We understand that (the accuser’s) version is completely believable.”

Following a wave of protests following a gang-rape case at the San Fermin bull-running festival in Pamplona in 2016, Spain revised its laws in 2022 to make consent—or lack thereof—central to defining a sex crime. This is the first high-profile sex crime trial since that time. The rule sometimes referred to as the “only yes means yes” statute clarifies that inactivity or silence do not equate to permission, defining consent as an expressive declaration of a person’s choice.

Inés Guardiola, Alves’ defense attorney, centered her closing argument on security camera footage from the nightclub, which she said demonstrated the lady dancing “with sexualized movements” that “showed her interest” before to the alleged attack.

The woman’s attorney, Ester García, said in her closing argument that the new statute rendered her client’s lack of permission once inside the restroom crucial to the case and rendered meaningless whatever prior dancing the client may have done with Alves.

“I don’t give a damn about how she danced; when she said “no,” she meant it. García said that the statute was modified for this reason. “The question of whether the victim resisted is no longer up for debate.”

Since his arrest on January 20, 2023, Alves has been housed in a pre-trial facility. The judge rejected his bail pleas on the grounds that he posed a flight risk. When its own nationals are found guilty abroad, Brazil does not extradite them.

While in detention, he changed his stance throughout the investigation process, first denying any sexual contact with her and then admitting to having had consensual relationships. He said that by first refusing to acknowledge the meeting, he was attempting to save his marriage.

Prior to the trial, Alves was required to put aside 150,000 euros ($162,000) in case he was found guilty and had to pay damages.

With prestigious teams like Barcelona, Juventus, and Paris Saint-Germain, Alves won several championships. At the age of 38, he also assisted Brazil in winning two Copa Americas and an Olympic gold medal. In 2022, he participated in his third World Cup—the only major championship he hasn’t won. He was a member of Barcelona’s team from 2008 to 2016, and he made a short return in 2022. He still lives close to the city.

His contract was promptly canceled by the Mexican team Pumas upon his arrest.