A man was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and was given his incarceration period extended to ten years.
Appeal Trial
Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.
A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of June 29, 2019.
The court heard that the accused, a married father, made contact with the victim's then husband, the husband, in an internet forum named “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.
“We hope the panel will say loud and clear that in this society, human rights are also rights of women – that consent is personal, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not through someone else from a spouse.”
Background
Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his spouse and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their union.
Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the only man to appeal against his sentence. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to 10 years.
The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “stubbornly rejects to take any accountability”.
Evidence Presented
Dogan had first sent the husband graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was going out, the court heard.
Pelicot, who was transported from isolation in prison to temporarily provide testimony at the hearing, informed the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”
The proceedings became a key topic for a broader debate on sexual violence norms in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.
The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a duration of what authorities reported was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been unconscious and had not agreed.
Accused's Testimony
Dogan told the court the videos were simply “sex scenes” and disputed 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 brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”
Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”
Survivor's Statement
The survivor, who was applauded upon exiting the courtroom each day by onlookers present to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an unaware woman. When did I ever give you permission? Not once.”
The victim, seventy-two, 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
Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, perhaps motivated by the societal understanding resulting from the revelation of your case.”
The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent 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.”
Sie addressed Dogan: “While you refuse to admit it, it’s not just a person, it’s an entire disturbing cultural framework that you are upholding.”
Defendant's Background
Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was aggressive and that Dogan began using drugs aged ten. When he was seventeen he was apprehended by authorities for drug trafficking and his father forced him to leave the family house. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of homelessness.
He was wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that once a year he sought paid sex on his special day. His lawyers stated to the court he had arthritis resulting from the pressure of the original case.
