Brazilian soccer player Dani Alves has agreed to surrender his passport and use a tracking device if he is released pending the sexual assault investigation against him, his lawyers said in an appeal filed in a Spanish court this week.
Alves was provisionally detained in January after being accused of sexually assaulting a woman at a nightclub on December 30. A judge ordered the veteran player jailed without bail after reviewing authorities’ initial investigation and hearing testimony from Alves, the alleged victim and a witness.
Alves has denied having done anything wrong.
In the appeal obtained by The Associated Press on Wednesday, Alves offered to appear before the court and authorities as often as necessary, even daily, and not leave Spain. He would not come within 500 yards of the accuser or her home or place of business, and would not communicate with her on any matter. The appeal said that he would agree to use a device that would allow authorities to constantly monitor her whereabouts to ensure that he complied with his obligations.
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The appeal said Alves would post bail in the amount set by the judge, as well as hand over his travel documents to authorities. The judge had denied Alves bail in part because he was deemed a flight risk.
Alves’ lawyers, which include the same one who worked for Lionel Messi on his tax fraud case, said the allegations made by the alleged victim alone were not enough to lead to his being held without bail.
Brazil’s Dani Alves listens to a question during a World Cup news conference in Doha, Qatar, on December 1, 2022. Alves has agreed to use a tracking device and hand over his passport if he is released, as an investigation into sexual assault against him continues.
(AP Photo/Andre Penner, File)
They said there were inconsistencies in her testimony, including when she said she was scared of Alves and his friends at the nightclub despite security cameras showing her and her friends being in a «festive» manner.
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They also point to images that showed that the accuser was not forced to enter the bathroom where she claimed to have been assaulted.
Alves initially denied having sex with her, but later admitted to a consensual sexual encounter.
Lawyers said on appeal that he initially denied having sex with her because he wanted to protect his wife and children.
The accuser has reportedly waived her right to seek financial compensation from Alves if he is ultimately found guilty.
Under Spain’s sexual consent law passed last year, sexual assault encompasses a wide range of crimes, from online abuse and groping to rape, each with different possible punishments. A case of violent rape can receive a maximum sentence of 15 years.
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Alves, 39, has won 42 soccer titles, including three Champions Leagues with Barcelona and two Copa Américas with Brazil. He played his third World Cup last year in Qatar.
Alves had his contract with the Mexican club Pumas terminated after his arrest. He was detained after returning to Spain from Brazil and agreeing to speak to the authorities about the case. His lawyers said Alves also lost endorsements due to his arrest.