A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and has had his jail term increased to 10 years.
Retrial Proceedings
Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.
A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the morning of 29 June 2019.
The court heard that Dogan, a family man, made contact with the victim's then husband, the husband, in an online chatroom named “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a unconscious state.
“We hope the court will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's attorney, her legal representative. “Consent is secured directly and not by proxy from a husband.”
Context
The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of many years of their union.
Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the single defendant to contest his sentence. He was initially given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.
The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.
Evidence Presented
The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.
Pelicot, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”
The trial became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.
The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, sedated and snoring in a unconscious condition, while a smiling the perpetrator committed rape on several occasions over a duration of what authorities reported was several hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unaware and had not given permission.
Defendant's Statements
The defendant informed the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he convinced me.”
Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that woman.”
Victim's Response
The survivor, who was supported upon exiting the courtroom each day by crowds assembled to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. When did I ever give you agreement? Never.”
The victim, seventy-two, 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.”
Legal Commentary
Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. Society is perhaps in the course of that, possibly propelled by the public consciousness brought by the publication of your situation.”
Sie said the defendant's claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”
Sie said to the defendant: “As long as you deny it, it’s not just a woman, it’s an entire disturbing cultural framework that you are supporting.”
Biographical Details
The accused was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The court heard that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was stopped by authorities for drug trafficking and his parent forced him to leave the residence. He served time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of homelessness.
He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a evaluator that each year he sought transactional encounters on his birthday. His attorneys stated to the court he had arthritis resulting from the anxiety of the original case.
