Why did the investigation and arrest move forward so quickly?

The player Daniel Alves was arrested in Barcelona on January 20, a little over two weeks after a case of rape against a 23-year-old girl began to be investigated.

The complaint took place at the Sutton nightclub, on December 30 of last year, and the speed with which the investigation and arrest took place is credited especially to a protocol applied by the government of Catalonia.

WHAT IS THE PROTOCOL?

Called “do not call” (We will not shut up, in free translation), the protocol was created in 2018 in Barcelona.

It is currently followed by 25 nightclubs in the city, as well as eight music festivals and six event spaces. The initiative includes employee training and a list of what must be done to report a case.

The protocol details behaviors that must be adopted both in relation to victims and in relation to alleged aggressors.

Among the guidelines, the establishment’s employees must contact the authorities and, if the victim decides to proceed with the complaint, the nightclub makes a taxi service available.

The Catalan Federation of Associations of Recreational and Musical Activities (Fecasarm) already recommends that the protocol be adopted by all nightclubs in Catalonia.

HOW DOES A COMPLAINT WORK?

The employees’ priority will be to monitor and assist the complainant without any type of sexist prejudice and respecting her decisions.

Employees will take the complainant to a quiet place and look for friends who are there and who can stay with her.

The complainant will be informed about the available resources (police, social services, medical care).

Once the whistleblower decides what she wants to do, staff will contact the necessary services.

If the complainant decides to go to one of these places, the nightclub will make available a taxi service that has an agreement with the protocol.

The changes in legislation in the region of Catalonia occurred in the same year that thousands of people took to the streets of Pamplona, ​​Spain, to protest against the unfolding of the rape case known as “La Manada”,

Five men raped an 18-year-old girl during the Feast of San Fermín (San Fermin). The case took place in 2016, but the trial only took place the following year, with a nine-year sentence for “sexual abuse” and not rape. One of the judges even voted for the acquittal of the five.

The sentence revolted the Spaniards, who took to the streets to protest. The penalty was revised and expanded in 2019, culminating in the creation of the Law of Full Guarantee of Sexual Freedom, known as the Law of “only yes is yes”. Its main point is “sexual consent” in cases of abuse or aggression.

WHAT DOES THE LAW SAY?

There is no longer a distinction between sexual abuse and sexual assault, with different punishments for each case;

Thus, there is no “mandatory” use of force or an attempt to resist the victim in order to configure aggression.

HOW IS DANIEL ALVES?

In the case of Daniel Alves, the request for provisional arrest was made by the Spanish Public Ministry, and the judge in the case accepted it, without paying bail. With this determination, Justice aims to avoid concealment of evidence or risk of flight, after all he plays in Mexico.

Daniel Alves will be imprisoned until the trial, still no date set. He only wants lawyers and closest family members with access to the penitentiary. The defense now wants to prove he won’t try to leave the country until trial day.