Daniel Alves’ defense changes version of sexual assault accusation

Daniel Alves’ lawyer, Cristóbal Martell, gave a new version of the events of the night of December 30. This Thursday (16), during the analysis of the appeal that asks for the freedom of the player in the Provincial Hearing of Barcelona, ​​the defense stated for the first time that there was a sexual relationship with penetration between the Brazilian and the 23-year-old woman who accuses him of sexual assault.

The definition of whether the right-back stays or leaves prison must take place by Friday (17). The meeting between the defense of Daniel Alves, the complainant’s lawyer and the prosecutor of the Spanish Public Prosecutor’s Office with the magistrates of Room 3 of the Hearing was intended to allow the parties to present arguments in favor and against the release of the player.

VERSION CHANGE AFTER DNA RESULTS

Martell took advantage of the time he had to rebut the victim’s version again – as he had already done in the written appeal. In his intervention, the lawyer changed the version given by the player so far, stating that there was a sexual relationship with penetration and consent.

Until now, Daniel Alves had given different versions of the case. In the first, in a video sent to a TV program, he stated that he did not know the whistleblower. In a second moment, he stated that he was with her in the bathroom, but there was no contact. In the third version, the player said that there was oral sex, in a consensual way.

The change comes a week after the parties learned of the results of the DNA analysis, which crossed information collected by the Hospital Clinic de Barcelona in the early hours of December 31, in the corpus delicti examination, with samples provided by the player at the beginning of the process.

“The DNA tests prove the victim’s version,” a source who had access to the results told UOL. Faced with tests that showed that there was semen from Daniel Alves in the complainant’s body, Martell argued this Thursday that the result, by itself, did not characterize a sexual assault.

The lawyer claimed this Thursday that the absence of vaginal lesions on the complainant is an indication that there was no forced relationship, according to legal sources that followed Martell’s arguments. Sought by journalists at the end of the Hearing, he declined to give interviews.

WHAT THE PROSECUTION LAWYER SAYS

The complainant’s lawyer, Ester García López, used her time at the Hearing to argue that, even with all the precautionary measures that Daniel Alves says he is willing to adopt, the risk of fleeing Spain persists.

As a private prosecution, we maintain the same position we had in the appeal: we understand that he should be held without bail. The risk of escape remains high and he hasn’t even been in prison for a month.”

“Thinking about my client’s interests, the fact that he can be released is an attack on her psychological integrity. That he is free and she is imprisoned, is something that Justice and the State in general cannot allow”, reinforced the lawyer shortly talks to journalists at the end of the Hearing.