Dani Alves accuses victim of 'openly sexual' behaviour in appeal against provisional detention

Dani Alves has appealed to the Barcelona Court against the measure keeping him in provisional prison since January as his sexual assault case is ongoing.

In his appeal, he accused the alleged victim of "openly sexual" behavior on the night of the incidents in the Sutton nightclub in Barcelona, as well as "distorting reality." 

The judge in charge of the case rejected releasing the former footballer in a decision that Alves is now appealing. One of the reasons for keeping him in prison was the risk of the Brazilian leaving the country.

Alves claims that he is not a flight risk because his children are registered in school in Spain.

The defense team has acknowledged in the appeal that sexual intercourse with penetration did occur, but that it was consensual. 

Alves' defense argues that the CCTV images of the nightclub - there are no images of the toilet where the alleged rape was committed - show "two adults developing an erotic game of seduction before intercourse."

The judge in charge of the case dismissed this argument in the request for release as the events for which he is in preventive detention and being tried are not those of the dance floor, but those of the toilets.