The Barcelona Court granted parole to Brazilian player Daniel Alves, sentenced to four and a half years in prison for raping a 23-year-old girl in the bathroom of a nightclub in the Catalan capital.
The right-back will be able to leave jail after 14 months in prison, upon payment of bail of 1 million euros (R$5,45 million) and a ban on not leaving Spain.
Dani Alves is also prevented from approaching the victim within a kilometer or trying to communicate with her by any means.
The Public Prosecutor's Office requested that the player be sentenced to nine years in prison, however the court took into account a mitigating factor of compensation for damages due to the fact that, even before the sentence, the defense had deposited in court the amount of 150 thousand euros (R$ 763 thousand) to be passed on to the victim regardless of the outcome of the trial.
The sentence of four and a half years in prison can still be increased in the second instance, however, when accepting the request for freedom, the Barcelona Court considered that it is unlikely that an appeal will be judged before the Brazilian completes two years in prison, the maximum period for preventive detention in Spain.
The conviction – According to the Barcelona judges, it was proven that the woman “did not consent” to the sexual act and that “there is evidence, in addition to the complainant's testimony, to prove the rape”.
“The accused abruptly grabbed the complainant, threw her on the floor and, preventing her from moving, penetrated her vaginally, despite the complainant saying no, that she wanted to leave,” says the 61-page sentence, released at the end of February .
Furthermore, the court highlighted that, to constitute a sexual assault, “it is not necessary for physical injuries to occur nor for there to be heroic opposition on the part of the victim”. “Nevertheless, we found injuries to the victim that make it more than evident that there was violence to force his will,” adds the decision. (HANDLE)
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