An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and has had his prison sentence increased to 10 years.
Higher Court Case
The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.
A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of 29 June 2019.
The testimony revealed that Dogan, a married father, made contact with the victim's then husband, the husband, in an digital platform called “without her knowledge”, where Pelicot was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.
We trust the panel will affirm that in this society, fundamental rights are also women’s rights – that consent is individual, not transferred,” declared the victim's attorney, her legal representative. “Consent is received directly and not by proxy from a husband.”
Case History
The husband, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and inviting dozens of men to rape her in her home in the community of the village of Mazan over a span of many years of their marriage.
Fifty other men were found guilty in a high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was initially given a sentence to nine years in prison, a penalty increased on Thursday to 10 years.
The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.
Courtroom Details
The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.
The ex-husband, who was transported from segregation in prison to briefly give evidence at the retrial, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”
The trial became a central issue for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been permissible.
The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at risk of death by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not agreed.
Defendant's Statements
Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I carried on because he persuaded me.”
Asked if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that woman.”
Survivor's Statement
The survivor, who was applauded upon departing the trial each day by onlookers present to back her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you agreement? Not once.”
The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”
State's Argument
The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. Society is possibly in the midst of that, possibly propelled by the collective awareness brought by the exposure of your ordeal.”
The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”
The prosecutor told Dogan: “As long as you deny it, it’s not just a woman, it’s an whole unpleasant social system that you are upholding.”
Personal History
The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began consuming marijuana aged 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his father kicked him out the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of living on the streets.
He was married 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 evidence showed his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his challenging existence. The defendant had informed a court psychologist that once a year he looked for commercial sex on his special day. His lawyers told the court he had arthritis triggered by the stress of the original case.
