“It is DNA compatible with the attacker”, said, this Wednesday (7), one of the forensic doctors who examined the young woman who accuses the player Daniel Alves of rape in the bathroom of a nightclub in Barcelona, on the night of December 30, 2022 .
Alves faces the third and final day of his trial. The sentence should take a few days to be decided.
Experts and a doctor from the hospital who treated the young woman about 13 months ago were the first witnesses this Wednesday. The biggest expectation, however, is for Alves’ own statements, who should have spoken on Monday, but had his testimony postponed until Wednesday.
Despite linking the DNA to the Brazilian, the same doctor highlighted the lack of compatible injuries on the alleged victim. “She made a report about slaps, grabbing on the neck… But we don’t see any injuries like that on any part of the body,” said the expert.
“She said she felt intense pain when urinating. In my personal experience, when she tells us that it was painful sexual intercourse, it is very strange that we find nothing. The absence of even swelling [na região íntima] It makes me think that sexual intercourse wasn’t that traumatic.”
Earlier, another doctor had spoken about the lack of vaginal injuries, which does not mean there was no violence. “Whether there is an injury or not, we cannot say whether it is consensual or not. We cannot make that comparison,” said the expert.
“More injuries are found in non-consensual sex than in consensual sex. In this case, we found no injuries, but we cannot say there was no assault.”
Regarding the injury to the victim’s knees, one of them said that “we are dealing with friction, it could be from a fall, but also from rubbing against a rough surface.”
The forensic psychologist, in turn, stated that the complainant’s version clearly fits the conversations they had together. “We see a series of symptoms that are in line with what the person referred to at the time of the interview. We were faced with a post-traumatic condition,” she said.
“She had a breakup, shock and impact and many aspects of life and that person are disfigured. And we had no indication that the person was exaggerating or faking,” added the expert.
The psychologist also highlighted some of the criteria for determining the level of post-traumatic stress. ” The young woman felt guilty, which is a clear indicator of victim status. This is usually associated with victim status. When she heard Portuguese, she became very nervous. She did not feel like thinking about issues related to her work. And she was in a state of hypervigilance, with lack of sleep.”
As on Tuesday, the player was wearing a light turtleneck sweater and was following the testimonies seriously, with his hands clasped, sitting in a chair behind the table where the deponents sat to speak. Alves entered the room with handcuffs, placed with his hands in front, which were removed when he sat down.
In the first two days, 28 witnesses were heard, including the woman who accuses him, as well as her cousin and friend who accompanied her. Employees of the Sutton nightclub, police officers who attended to the alleged victims and friends who drank with Alves that night also spoke.
The last statement on Tuesday was that of Alves’ wife, Spanish model Joana Sanz. “He came home very drunk, smelling of alcohol. He hit the closet and fell on the bed. It wasn’t worth talking to him when he arrived, it was better to leave it until the next day,” she said.
In Spain, the crime of rape has a maximum sentence of 12 years, if there are no aggravating circumstances. The prosecution asks for 12 years and the defense, for acquittal.
Mitigators, in turn, can cut the sentence by up to half. There are two strategies underway by the defense. One of them, the “mitigation of repairing the damage caused”, was the deposit of €150,000 (around R$800,000) in court, which should be returned to the young woman, if he is convicted. If Alves is found innocent, the money will return to him.
The other concerns some articles of the Penal Code that establish the use of substances as a mitigating factor. Without specifying the type of crime, an article establishes that “anyone who, at the time of committing the crime, is in a state of complete intoxication due to the consumption of alcoholic beverages (…)” may be exempt from criminal liability.
Another states that, “when there is only one mitigating circumstance, half the penalty provided for by law for the crime will apply.”
In fact, the defense focused on this issue when asking questions of the player’s friends on Tuesday. “It was Alves who drank the most in the restaurant [antes de irem à discoteca]?”, asked the defense lawyer, Inés Guardiola, to his friend Bruno Brasil, who was present at the time of the alleged crime. “Yes”, he replied.
Blaming drink, however, can be seen as the player’s fifth version of that night. In the first, the Brazilian had stated that he did not know the woman. Afterwards, he said he went into the bathroom with her, but nothing happened. In the third, he told the court that there was only oral sex. Afterwards, he declared that there was penetration, but with consent. Now, he did it under the influence of alcohol.
The press has been following the sessions in three rooms at the Barcelona Courthouse, where the trial could be watched via closed circuit television. 270 journalists were accredited.