Dani Alves will be accused of raping and slapping alleged victim in Barcelona nightclub in trial as Spanish prosecutors seek nine-year prison sentence and £130,000 compensation
- Prosecutors will claim Dani Alves left his accuser feeling 'anguish and terror'
- No trial date has yet been set but it is expected to take place early next year
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Spanish prosecutors will accuse Dani Alves of slapping his alleged victim round the face before raping her at his trial.
They will also claim the footballer left his female accuser feeling 'anguish and terror' after locking her inside a Barcelona nightclub toilet, groping her and trying to make her to perform a sex act on him before consummating the rape without putting on a condom.
Prosecutors laid out their case against the Brazil international as they said they were seeking a nine-year prison sentence and ten year probation period on conviction.
They said they also wanted the 40-year-old dad-of-two to pay £130,000 in compensation to his victim if he is found guilty.
No trial date has yet been set but it is expected to take place early next year, with three professional judges set to rule on the footballer's fate instead of a jury.
![Spanish prosecutors will accuse Dani Alves of slapping his alleged victim round the face before raping her at his trial](https://i.dailymail.co.uk/1s/2023/11/25/10/78223663-0-image-a-18_1700908275420.jpg)
Spanish prosecutors will accuse Dani Alves of slapping his alleged victim round the face before raping her at his trial
![No trial date has yet been set but prosecutors will seek a nine-year prison sentence, a ten-year probation period, and £130,000 in compensation](https://i.dailymail.co.uk/1s/2023/11/25/10/78223727-0-image-a-23_1700908723250.jpg)
No trial date has yet been set but prosecutors will seek a nine-year prison sentence, a ten-year probation period, and £130,000 in compensation
![The ex-Barcelona man will be accused of leaving his alleged victim feeling 'anguish and terror'](https://i.dailymail.co.uk/1s/2023/11/25/10/78223679-0-image-a-19_1700908429335.jpg)
The ex-Barcelona man will be accused of leaving his alleged victim feeling 'anguish and terror'
Alves, who has admitted to cheating on his model wife Joana Sanz by having sex with his female accuser but insists it was consensual, has been held on remand in prison since his arrest in January.
The seven-page pre-trial indictment released this week detailed the full prosecution claims against Alves and included a blow-by-blow account of the state prosecution version of the events leading up to the alleged rape at Sutton nightclub late last December.
It confirmed Spanish state prosecutors will allege at trial Alves hit his 23-year-old female accuser round the face as well as raping her despite her pleas to be let out of the toilet and her clear attempts to stop the footballer abusing her. Court officials had previously referred to the incident generically as a 'sexual assault' without going in any detail about the alleged crime.
Saying the former Barcelona defender had gone to Sutton nightclub with a male friend around 2.45am on December 31 and accessed a VIP area called 'Moet', where he sat down at table number six, prosecutors explained in the indictment: 'That table has direct access to the so-called 'Suite' which the accused man has full knowledge of because he is a regular at the nightclub and of that VIP area in particular.
'Once you go through a door you find yourself in a corridor where there's another door with access to a small restroom, as well as some stairs that go up to a room where there's a sofa, a TV and a fridge.
'Both the restroom and the other room are for the exclusive use of table number six.
'Once the accused man and his friend sat down at table number six, an employee of Sutton placed a rope separating table number six and the access door to the 'Suite' from the rest of the Moet VIP area.'
Prosecutors said Alves' female accuser arrived at the nightclub about 2.30am with two other women, a female cousin and a friend, and accessed the Moet area after being invited to do so by some other clubbers who were already there.
![He admitted to cheating on his wife, Joana Sanz (pictured), but insists he had consensual sex with his accuser](https://i.dailymail.co.uk/1s/2023/11/25/11/73831909-12789961-He_admitted_to_cheating_on_his_wife_Joana_Sanz_pictured_but_insi-m-34_1700911309379.jpg)
He admitted to cheating on his wife, Joana Sanz (pictured), but insists he had consensual sex with his accuser
![Exclusive Sutton nightclub in Barcelona is where the alleged rape is said to have taken place](https://i.dailymail.co.uk/1s/2023/11/25/10/78166379-0-The_alleged_sexual_assault_took_place_at_the_exclusive_Sutton_ni-a-21_1700908538675.jpg)
Exclusive Sutton nightclub in Barcelona is where the alleged rape is said to have taken place
They detailed in their indictment how Alves and his friend invited two other women to their table before asking a waiter to offer the woman who would go on to accuse him of rape and her two friends a glass of Cava which they initially refused but accepted at the second time of asking.
The two other women who had previously been at table number six left at that point, the prosecutors said.
Alves had a 1.5 litre bottle of rose Moet Champagne on his table that he invited the three women to drink from and they spent time dancing and chatting according to the indictment.
It added, identifying Alves' female accuser only by her initials: 'The man facing trial was attentive to her all the time, hugging her and approaching her, and twice while he was behind her, he took hold of her hand and moved it towards his penis, an action which led to the woman rapidly moving her hand away when she realised what his intentions were.'
Of the moments leading up to the alleged rape, saying the sequence of events started at 3.42am, the prosecutors said: 'The accused man headed for the door by the table which leads to the area called 'Suite' and went inside.
'Two minutes after he poked his head round the door and beckoned for Mrs A.E.P to come towards him, something which she finally did, clearing a way for her and then entering behind her and closing the door.
'Once inside, and not knowing what the private area she had just entered was like, he took her into the small toilet-restroom in the corridor, and closed the door behind them so the woman couldn't get out.
'She asked the defendant to let her out, but he refused and began to grope her, behaving lasciviously and with the clear intention of satisfying his sexual desires.
![Prosecutors claim he led his alleged victim into a toilet and began to grope her as she pleaded to be let out](https://i.dailymail.co.uk/1s/2023/11/25/10/78223713-0-image-a-22_1700908623569.jpg)
Prosecutors claim he led his alleged victim into a toilet and began to grope her as she pleaded to be let out
![Detailed allegations claim he slapped the victim, demanding she said: 'I am your little whore'](https://i.dailymail.co.uk/1s/2023/11/25/10/78223797-0-image-a-24_1700908802828.jpg)
Detailed allegations claim he slapped the victim, demanding she said: 'I am your little whore'
'He sat on the toilet seat and pulled strongly at her waist, making her sit on him, before lifting up her dress, and maintaining a despective attitude towards her despite her refusals.
'He took his trousers down and pulled at the woman's hair, making her fall to the ground on her knees, and tried to force her to practise a sex act on him, although she resisted.
'He then slapped her round the face several times while demanding repeatedly that she tell him: 'I am your little whore.'
'The victim repeatedly begged him to let her leave, telling him she wanted to go, but he didn't allow it.
'The victim, finding herself in that situation, in that small restroom-toilet without any possibility of preventing her attacker from doing what he wanted, and in the face of his violent attitude, felt shocked and unable to react, even feeling at one point as if she couldn't breathe given the situation of anguish and terror she was experiencing.
'The defendant then lifted her up from the floor with libidinous desires, put her up against the handrail with her back to him and groped her all over her body, and tried to practice oral sex on her which he couldn't because of her resistance.
'Finally he bent her over the toilet and raped her until he ejaculated inside her, without using a condom and without her consent.'
Alves left the toilet with his alleged rape victim still inside about 4am and went to his table to pick up a drink before moving onto a different table, prosecutors said in their indictment.
The woman left the restroom seconds later, went up to her cousin and said she wanted to leave which they did without saying anything to the footballer although they said goodbye to his friend.
Prosecutors say she broke down in tears on her way out and was helped by nightclub staff who activated a sexual attack protocol.
![Alves' alleged victim filed a formal complaint on January 2 this year and was taken to hospital](https://i.dailymail.co.uk/1s/2023/11/25/10/78223703-0-image-a-26_1700908991644.jpg)
Alves' alleged victim filed a formal complaint on January 2 this year and was taken to hospital
The former Barcelona defender left the nightclub at 4.06am according to prosecutors, heading past his female accuser on the way out but saying nothing.
The woman was taken to hospital for tests. She filed a formal complaint on January 2 this year.
Prosecutors defined the crime Alves is accused of in their indictment as one of 'sexual assault with penetration.'
A lawyer acting for the female accuser will now be asked to submit her accusations and details of the prison sentence she is seeking on conviction, in written form, to the courts.
Alves' defence lawyer will then be invited to make her submission and is expected to claim no crime took place.
The footballer was ordered to stand trial earlier this month in a move which paved the way for the state prosecution indictment.
Initially it was reported Alves had been accused of putting his hands down a woman's underwear inside a toilet in the VIP area of Barcelona's Sutton nightclub before it emerged his alleged victim was saying she had been raped.
The dad-of-two was sacked by Mexican side UNAM Pumas following his arrest in Barcelona at the start of this year after he flew back to the Catalan capital to attend his mother-in-law's funeral.
He has made repeated bail requests but they have all been turned down, with judges saying his alleged victim's version of events was coherent and pointing out Alves had changed his story several times as the evidence authorities have against him has emerged.
Alves claimed before his arrest he had never met his female accuser but ended up backtracking after being held.
He went on to admit he cheated on his model wife Joana Sanz with her but insisted sex was consensual and there was no sexual assault.
![Alves has made repeated bail requests and changed details of his story, for example over whether he had met his female accuser before his arrest](https://i.dailymail.co.uk/1s/2023/11/25/10/78223837-0-image-a-27_1700909066170.jpg)
Alves has made repeated bail requests and changed details of his story, for example over whether he had met his female accuser before his arrest
In an exclusive interview from his cell in Brians 2 Prison near Barcelona in June with Spanish TV and newspaper reporter Mayka Navarro, he claimed: 'The only person I have to ask for forgiveness is my wife, Joana Sanz.'
As well as two spells at Barcelona, Alves has played for Seville, Juventus, Paris Saint-Germain and Sao Paulo.
He is widely considered as one of the greatest full-backs of all time.
Last December in Qatar he became the oldest player to represent Brazil at the World Cup.
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