The lawyer for a well-known mixed martial arts coach says a video that triggered the coach’s sexual assault arrest actually shows he did not commit a crime.
Rafael “Barata” de Freitas, the Brazilian jiu-jitsu coach for prominent UFC fighters such as Holly Holm and Michelle Waterson, pleaded not guilty to a charge of third-degree criminal sexual penetration Wednesday in Albuquerque (New Mexico) Metropolitan Court, according to court records.
De Freitas, who is married, was arrested last weekend after allegations that he drugged and sexually assaulted a student at her home, with the alleged attack caught on video. He is still being held in custody without bond.
A hearing on the pretrial detention motion will take place Monday. The state also filed a motion for a protective order to prevent the video from being released to the public, according to Bernalillo County District Attorney spokesperson Brandale Mills-Cox.
Jason Bowles, de Freitas’ attorney, wrote in a statement that the video in question actually shows the sex between his client and the woman was consensual.
“Let us be clear: These charges are false,” the statement read. “The video proves Mr. de Freitas’ innocence of a crime. We will present evidence that she invited Mr. de Freitas over that morning in texts, poured alcohol and had liquid THC, and her actions and responses during the video reflect a completely consensual encounter.
“Mr. de Freitas willingly admits and is remorseful about making a terrible error in his marriage and towards his wife. But he is absolutely innocent of any criminal sexual assault and his and his family’s name and reputation have been falsely maligned. We are asking everyone to reserve judgment until all of the evidence is presented in Court.”
In response to the state’s motion for de Freitas’ pretrial detention obtained by ESPN on Friday, Bowles wrote that the video “depicts a conscious female who is awake, fully aware of what is going on and audibly receptive.” Bowles wrote that the woman fell asleep only after the act.
The woman told investigators that de Freitas came to her home Nov. 7 for an appointment to massage her legs and feet, according to the criminal complaint. The two ate breakfast together, and police said the video shows de Freitas “possibly” dropping something into the woman’s drink after preparing her a second glass of orange juice while she was in the bathroom. The woman told investigators that she had a half a glass of wine and was mixing whiskey and ginger ale in with her orange juice.
The woman told police that she fell asleep on the couch shortly after de Freitas began massaging her. When she woke up hours later, the woman said, she was naked from the waist down and de Freitas was gone. Days later, she recalled she had a security camera installed in her living room.
Police obtained the video, which investigators say shows what appears to be de Freitas removing the woman’s shorts and forcing oral sex on her while she was asleep on the couch. The criminal complaint states that when de Freitas maneuvered the woman’s legs following the massage, they seemed like “dead weight.” The video also shows, per the complaint, de Freitas’ right arm moving back and forth rapidly with his hand near the woman’s groin. Before leaving, de Freitas took the woman’s hand, which appeared to be limp, and rubbed it against his genitals, according to the complaint.
Per police, the video shows the woman lying motionless on the court for about 50 more minutes after de Freitas leaves.
De Freitas, 37, is the Brazilian jiu-jitsu coach for a number of fighters from Jackson Wink MMA Academy in Albuquerque. De Freitas was in Holm’s corner for her last fight, a UFC Fight Night main event win over Irene Aldana on Oct. 4 in Abu Dhabi. De Freitas is also an instructor at a Gracie Barra Brazilian jiu-jitsu affiliate in Albuquerque where several local MMA fighters train. In a statement, a JacksonWink spokesperson said de Freitas has never been an employee of the gym.