The maximum penalty for a crime of rape with penetration is twelve years in prison. And that is exactly what the victim requests from Dani Alves in the indictment that the woman's lawyer, Ester García, presented this Tuesday at the Barcelona Court. Last week it was the private prosecution, the prosecutor's office, that delivered its report, signed by prosecutor Elisabet Jiménez, requesting a sentence of nine years and another five years of supervised release after leaving prison, in case the player was convicted. The victim also endorses the assessment made at the time by the investigating judge and sets the compensation for damages and injuries at 150,000 euros, the same amount that the Prosecutor's Office also claims. In addition, the complainant's lawyer requests that the soccer player be given a one-kilometer restraining order from the victim for ten years longer than the prison sentence he receives, and another ten years of supervised release after he is released from prison.
The next to present her brief of conclusions will be the lawyer Inés Guardiola, who has been defending the Brazilian since last October when she requested the lawyer Cristóbal Martel. It is assumed that the defense will request free acquittal by maintaining that sexual relations were consensual that early morning of December 31 in the bathroom of one of the Sutton's private rooms.
Last week Ester García already signed another document, in that case it was a statement to the media, revealing the information that detailed the conversations that the parties had held to reach a conformity agreement that would avoid the trial. The letter confirmed those conversations reported by this newspaper, and although it did not close the door to restarting negotiations, the victim did warn that the injuries and damages suffered by a victim of sexual assault are "irreparable."
In any case, the talks at this time between the parties are broken and the Barcelona Court has already reserved two weeks of February so that the trial can be held, if finally, as it now seems, there is no agreement of conformity.
The victim has reported on different occasions that she has had the opportunity to tell what happened that morning on Tusset Street, that once inside the bathroom with the player, she could no longer leave because he prevented her from doing so, despite the many times that she insisted that she wanted to leave and stop. A story that he told first to one of the two friends with whom he went out that night, then to the security personnel and those in charge of the nightclub, and to the first of the Mossos d'Esquadra who approached the room and who by mistake recorded those first words from the young woman, who was 23 years old when the events occurred.
The young woman reported to the police, testified before the police of the Central Sexual Crimes Unit (UCAS) and on January 20 before the substitute of the investigating judge. Her story about what happened inside that bathroom during those 20 minutes has always been the same. And what is summarized in that the man forced her to have sexual relations with violence and by her force, that he slapped her, insulted her with expletives and ended up raping her with penetration, eventually ejaculating inside the young woman's body.
The accused has been in provisional prison without bail since last January 20. On up to three occasions the Barcelona Court has refused to release the player, warning on all occasions of the seriousness of the accusations and the high risk of flight.
