A defendant was convicted on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and received his jail term raised to ten years.
Retrial Proceedings
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 appeals court in Nîmes.
A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in Provence in the early hours of June 29, 2019.
The evidence showed that Dogan, a family man, made contact with the victim's spouse, the husband, in an online chatroom named “unbeknownst to her”, where the husband was seeking men to come to his home to rape his wife after he had drugged her into a unconscious state.
“We hope the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained personally and not by proxy from a husband.”
Context
Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence 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 community of the village of Mazan over a span of almost a decade of their marriage.
Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the only man to contest his conviction. He was initially handed a term to 9 years in prison, a sentence increased on Thursday to ten years.
The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.
Courtroom Details
Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.
Pelicot, who was brought from solitary confinement in prison to temporarily testify at the hearing, told the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”
The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been acceptable.
The jury in the higher court was presented with video evidence of the victim's limp body, sedated and snoring in a deep sleep, while a smiling Dogan performed assault on several occasions over a period of what investigators stated was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been unconscious and had not consented.
Dogan's Claims
Dogan stated to the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he convinced me.”
Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that woman.”
Pelicot's Words
The survivor, who was applauded upon leaving court each day by onlookers present to back her, told the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Never.”
The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”
State's Argument
The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is maybe in the process of that, perhaps motivated by the public consciousness resulting from the revelation of your situation.”
Sie said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”
The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole sordid social system that you are endorsing.”
Personal History
The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The court heard that his parent was aggressive and that Dogan began using drugs at the age of ten. When he was 17 he was stopped by police for dealing drugs and his parent forced him to leave the family house. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of homelessness.
He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that each year he sought transactional encounters on his special day. His legal representatives informed the court he had joint inflammation caused by the stress of the original case.
