A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and was given his incarceration period extended to ten years.
Retrial Proceedings
Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.
A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the morning of 29 June 2019.
The court heard that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was seeking men to enter his residence to assault his wife after he had drugged her into a deep sleep.
“We hope the panel will affirm that in this nation, fundamental rights are also women’s rights – that consent is personal, not transferred,” declared the victim's lawyer, Antoine Camus. “Consent is obtained directly and not via a representative from a husband.”
Case History
Dominique Pelicot, a notorious sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his wife at the time and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of nearly ten years of their union.
Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to challenge his sentence. He was initially handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.
The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.
Testimony and Proof
The defendant had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.
The ex-husband, who was transported from isolation in prison to temporarily give evidence at the retrial, told the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”
The trial became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to assert he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his conduct had been permissible.
The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not agreed.
Dogan's Claims
Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he convinced me.”
Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that lady.”
Victim's Response
The victim, who was cheered upon leaving court each day by onlookers present to stand with her, told the defendant in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to assault an unaware woman. At what point did I give you consent? Not once.”
The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”
Prosecutor's Remarks
The prosecutor, addressing the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, maybe propelled by the collective awareness resulting from the revelation of your case.”
The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”
Sie told Dogan: “While you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”
Personal History
The accused was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was caught by authorities for dealing drugs and his parent evicted him of home. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of being unhoused.
He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular sexual encounters outside their union. His legal team said this was his method of dealing with his challenging existence. The defendant had told a evaluator that annually he sought paid sex on his birthday. His attorneys told the court he had a medical condition resulting from the anxiety of the initial proceedings.
