A man was convicted on retrial of raping Gisele Pelicot following she was sedated by her husband – and received his incarceration period extended to 10 years.
Appeal Trial
The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.
A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of 29 June 2019.
The court heard that Dogan, a family man, connected with the victim's spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a deep sleep.
“We hope the panel will declare that in this society, human rights are also women’s rights – that permission is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Consent is obtained directly and not through someone else from a husband.”
Background
Dominique Pelicot, a notorious sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in dozens of men to rape her in her home in the town of Mazan over a period of many years of their union.
Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the single defendant to contest his conviction. He was first sentenced to nine years in prison, a punishment raised on Thursday to a decade.
The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.
Courtroom Details
Dogan had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to rape the victim, after telling his wife he was going out, the evidence indicated.
Pelicot, who was brought from segregation in prison to briefly testify at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”
The proceedings became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not engaged in violation, stating that because the victim's husband had allowed him into the bedroom, his behavior had been justifiable.
The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation multiple times over a period of what police said was three and a half hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not consented.
Defendant's Statements
The defendant informed the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan told the court. “I proceeded because he reassured me.”
Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that woman.”
Pelicot's Words
The survivor, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to assault an incapacitated woman. When did I ever give you permission? At no time.”
The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”
Prosecutor's Remarks
The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the midst of that, maybe propelled by the societal understanding brought by the exposure of your ordeal.”
The prosecutor said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a society based on agreement.”
The prosecutor told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an entire disturbing social system that you are supporting.”
Biographical Details
The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was stopped by authorities for dealing drugs and his parent evicted him the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of homelessness.
He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent intimate relations outside their marriage. His legal team said this was his way of coping with his challenging existence. The defendant had stated to a court psychologist that annually he looked for commercial sex on his special day. His legal representatives informed the court he had arthritis triggered by the anxiety of the original case.
