A man has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his prison sentence raised to 10 years.
Retrial Proceedings
The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.
A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of 29 June 2019.
The testimony revealed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform named “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife after he had rendered her unconscious into a unconscious state.
We expect the jury will declare that in this nation, human rights are also rights of women – that permission is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not via a representative from a husband.”
Context
The husband, one of the worst sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for sedating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their union.
Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the sole individual to contest his conviction. He was first given a sentence to 9 years in prison, a punishment raised on Thursday to 10 years.
The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.
Testimony and Proof
Dogan had first sent the husband sexually explicit photos and then driven an hour from his town in the region to assault the victim, after informing his wife he was leaving, the court heard.
Pelicot, who was transported from segregation in prison to briefly testify at the retrial, stated to the court that the accused had understood his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”
The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had allowed him into the room, his conduct had been acceptable.
The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a deep sleep, while a grinning Dogan performed assault on several occasions over a timeframe of what police said was 3.5 hours. The judge said she had been at peril of death by suffocation. The state's case said there was no question that she had been incapacitated and had not agreed.
Dogan's Claims
The defendant informed the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he convinced me.”
Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that lady.”
Pelicot's Words
Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you permission? Never.”
The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”
Prosecutor's Remarks
The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly driven by the public consciousness brought by the exposure of your situation.”
Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”
Sie said to Dogan: “As long as you reject it, it’s not just a woman, it’s an entire disturbing societal structure that you are endorsing.”
Defendant's Background
The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was 17 he was stopped by authorities for dealing drugs and his father forced him to leave the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.
He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that once a year he engaged in transactional encounters on his special day. His lawyers informed the court he had joint inflammation triggered by the anxiety of the initial proceedings.
