An individual was declared guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her spouse – and received his jail term extended to ten years.
Retrial Proceedings
Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the higher court in Nîmes.
A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of 29 June 2019.
The evidence showed that the accused, a married father, made contact with the victim's spouse, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.
We trust the court will declare that in this nation, fundamental rights are also rights of women – that consent is individual, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not by proxy from a husband.”
Context
The husband, a notorious sexual predators in recent French history, was sentenced to twenty years in prison last year for sedating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their marriage.
Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to appeal against his verdict. He was initially sentenced to nine years in prison, a penalty increased on Thursday to a decade.
The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.
Courtroom Details
Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in the region to assault the victim, after telling his wife he was going out, the evidence indicated.
The ex-husband, who was brought from segregation in prison to temporarily testify at the retrial, told the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”
The proceedings became a key topic for a broader debate on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been permissible.
The jury in the Nîmes appeals court was shown recorded footage of the victim's limp body, unconscious and breathing heavily in a deep sleep, while a smiling Dogan performed assault multiple times over a timeframe of what police said was several hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was no doubt that she had been unaware and had not consented.
Defendant's Statements
The defendant informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I continued because he persuaded me.”
Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that lady.”
Pelicot's Words
The survivor, who was applauded upon departing the trial each day by onlookers assembled to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an unconscious woman. At what point did I give you agreement? Not once.”
The victim, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”
Prosecutor's Remarks
The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the process of that, possibly motivated by the societal understanding resulting from the exposure of your case.”
The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”
The prosecutor said to the defendant: “As long as you reject it, it’s not just a individual, it’s an whole sordid social system that you are endorsing.”
Personal History
The accused was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began smoking cannabis at the age of ten. When he was seventeen he was stopped by police for dealing drugs and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.
He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had repeated intimate relations beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that once a year he engaged in commercial sex on his special day. His attorneys told the court he had a medical condition caused by the pressure of the original case.
