A man was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and received his prison sentence raised to ten years.
Appeal Trial
The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.
A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of June 29, 2019.
The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her consent”, where the husband was looking for men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.
We trust the court will declare that in this society, fundamental rights are also rights of women – that agreement is personal, not given by another,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not by proxy from a husband.”
Context
The husband, among the most severe sex offenders in modern French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of nearly ten years of their union.
Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his verdict. He was initially sentenced to nine years in prison, a penalty increased on Thursday to a decade.
The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.
Evidence Presented
The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.
The ex-husband, who was transported from segregation in prison to temporarily testify at the retrial, informed the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”
The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.
The panel in the higher court was displayed video evidence of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what police said was several hours. The judge said she had been at peril of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.
Accused's Testimony
Dogan stated to the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he convinced me.”
Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that individual.”
Survivor's Statement
The victim, who was supported upon exiting the courtroom each day by onlookers present to stand with her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an unaware woman. How could I have give you consent? At no time.”
The victim, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”
Prosecutor's Remarks
The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The community is perhaps in the course of that, maybe propelled by the collective awareness spurred by the publication of your situation.”
Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”
Sie told the defendant: “As long as you reject it, it’s not just a individual, it’s an entire sordid cultural framework that you are endorsing.”
Biographical Details
Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was apprehended by police for selling narcotics and his father kicked him out of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.
He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had informed a evaluator that once a year he sought paid sex on his birthday. His lawyers stated to the court he had joint inflammation triggered by the stress of the original case.
