A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence increased to 10 years.
Retrial Proceedings
Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the appeals court in Nîmes.
A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of June 29, 2019.
The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to come to his home to assault his wife once he had sedated her into a comatose state.
“We hope the court will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not via a representative from a husband.”
Context
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 then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of many years of their union.
Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the single defendant to challenge his verdict. He was first given a sentence 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”.
Evidence Presented
Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault the victim, after telling his wife he was going out, the court heard.
The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, told the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”
The courtroom became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.
The panel in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, sedated and snoring in a comatose state, while a grinning Dogan committed rape multiple times over a duration of what police said was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.
Dogan's Claims
The defendant told the court the recordings were simply “intimate moments” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”
Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that woman.”
Pelicot's Words
The survivor, who was applauded upon leaving court each day by onlookers gathered to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you agreement? At no time.”
Gisèle Pelicot, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”
Legal Commentary
The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. The public is perhaps in the midst of that, perhaps driven by the collective awareness brought by the publication of your situation.”
The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”
The prosecutor said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant social system that you are supporting.”
Personal History
The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was stopped by police for selling narcotics and his parent forced him to leave of home. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had faced 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 spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that once a year he engaged in commercial sex on his special day. His lawyers told the court he had arthritis caused by the pressure of the first trial.
