consent, subject to discussion in court
ANDtrial Daniel Alves ended yesterday, Wednesday, at Hearings in Barcelona. He is sentenced, which could come in less than a month, and the Brazilian footballer faces up to twelve years in prison. The defense asks to acquit him. Famous Law “Only yes is yes” changes the script in court because, among other things, equates the crime of abuse to the crime of sexual assault and puts emphasis on agreement.
He Article 178 of the Criminal Code defines this approval of both parties as follows: “It will only be clear that there is agreement when it is freely expressed through actions that, taking into account the circumstances of the case, clearly express the will of the person“. He article 179 provides for a prison sentence of four to twelve years in cases of sexual assault involving penetration “vaginally, anally or orally.”
Ines Guardiola, Alves’ lawyer: “I asked for freedom for Dani Alves”
Alves Consensus
Consent to what happened in the nightclub toilet night from 30 to 31 December This was one of the elements of clear debate at the last hearing of the court. As expected, versions Prosecutor’s office And private prosecutionon the one hand, and protectionon the other hand, they were radically different. Apparently the alleged victim claims there was no consent and Daniel Alves He insists that there were sexual relations.
Prosecutor’s office was forceful in his latest statement: “Just because a woman takes a drink in a booth does not mean she has sexual interest. If she talks this far, it means he cannot continue alone without her desire. They gave it as your requests. If you have to hit a woman, grab her hair and jaw tightly to force her to give you a blowjob, it’s hard to get your facts straight.“.
Esther Garcia, attack woman’s lawyer: ‘My client survived’
private prosecution joined this approach and strongly pointed out Daniel Alves: “The defendant obviously knew she didn’t want to. If she says no, then no. She said, “I want to leave, I want to leave, I want to leave.” Moreover, the lawyer Esther Garcia He noted that he was completely indifferent to the fact that the appellant was “twitching” with the footballer as he described, since there was no consent when they entered the bathroom.
Alves’s defense findings
Protection Daniel Alvesunder the guidance of a lawyer Ines Guardiolastated that the evidence presented did not indicate a lack of consent. “The withdrawal should have been clearly expressed by concrete actions, but this did not happen. This is the conclusion from the evidence. Not only does she not refuse the sexual relationship, but she returns it,” he described. Moreover, he emphasized that this “to determine compliance, it is important to assess previous behavior”.
Dani Alves at the first court hearing.
In the bathroom of a separate room Nightclub Sutton There were no surveillance cameras, so there are no images. In any case, traces and other elements have been found that allow us to try to reconstruct what happened in this small space. In this aspect, both sides again show differences and believe that there are elements that support their respective stories.