Footballer Dani Alves to face trial in Barcelona for sexual assault

The Court of Barcelona has decided to send the Brazilian footballer Dani Alves to trial for the alleged sexual assault of a 23-year-old woman on December 30 of last year. The incident took place in the bathroom of a VIP area at the Sutton nightclub in the Catalan capital. 

The court refused to quash the case, as requested by the defense, and has set a deadline for the parties to present their provisional findings. 

Once the presented evidence is received and approved, a date will be set for proceedings to get underway. 

Alves has been in preventive detention since January 20 and has changed his lawyer twice. 

Defense says: Presumption of innocence was violated

The footballer's defense asked the judge for an annulment of the case, which began on January 9, before he was arrested and imprisoned. 

According to Alves' new lawyer, her client's presumption of innocence was violated "continuously" because developments in the investigation have been leaked to the press. 

She also questioned legal and police procedures, arguing that the defense team was not able to attend the victim's forensic medical examination in July. 

The court said it regretted the leaks to the press but that they did not affect proceedings. Regarding the validity of the forensic report, the court said it will be assessed during the trial. 

Rape accusation 

Alves was reported to the police for sexual assault by a 23-year-old woman who accused him of raping her in the bathroom of a VIP area at the Sutton nightclub in Barcelona on the night of December 30. 

The former Barça player has changed his version of events three times, initially denying that he knew the woman, then saying that sex was instigated by her, then that she performed oral sex on him while he was defecating in the toilet, and finally that it was consensual penetrative vaginal sex. 

None of Alves' versions have helped him get out of prison on bail, nor has he been able to convince the judge that he did not pose a flight risk. 

According to the version of events from the alleged victim, which has been consistent since the beginning, the Brazilian footballer invited her and two friends to the VIP area on the night of December 30.  

After dancing and flirting with them, Alves allegedly took the woman with him through a door, which she says she thought was a space to smoke.

Once inside, she was surprised to find herself in a small bathroom and wanted to leave, but Alves allegedly forced her to have sex with him against her will. 

The woman's version has been corroborated by several security cameras, witnesses, her fingerprints on the toilet, Alves' DNA on her clothing and vagina, and injuries she sustained that are consistent with her story.