An individual has been found guilty on higher court review of raping Gisèle Pelicot after she was sedated by her spouse – and was given his prison sentence increased to a decade.
Appeal Trial
Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, faced a new trial this week at the appeals court in Nîmes.
A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.
The evidence showed that the accused, a married father, reached out to the victim's husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.
We trust the court will affirm that in this society, human rights are also women’s rights – that consent is individual, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not by proxy from a husband.”
Background
The ex-husband, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his then wife and bringing in numerous individuals 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 culpable in a high-profile trial last year, and the appellant was the only man to challenge his sentence. He was originally handed a term to 9 years in prison, a penalty enhanced on Thursday to ten years.
The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.
Courtroom Details
The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault the victim, after informing his wife he was stepping out, the evidence indicated.
The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”
The proceedings became a key topic for a larger conversation on rape culture in society as the defendant continued to assert he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.
The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a duration of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.
Defendant's Statements
Dogan informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he persuaded me.”
Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that individual.”
Survivor's Statement
The survivor, who was supported upon departing the trial each day by onlookers present to support her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to assault an unaware woman. How could I have give you agreement? At no time.”
Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”
Prosecutor's Remarks
Sie, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, maybe propelled by the public consciousness brought by the exposure of your case.”
The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”
The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an complete sordid cultural framework that you are upholding.”
Biographical Details
The accused was originated from the country of Turkey and at the age of 5 moved to France, where his father worked as a building manager. The court heard that his father was abusive and that Dogan began using drugs aged 10. When Dogan was seventeen he was apprehended by police for selling narcotics and his parent evicted him the family house. He spent time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of homelessness.
He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a mental health expert that annually he looked for transactional encounters on his birthday. His legal representatives told the court he had a medical condition resulting from the anxiety of the first trial.
