A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was rendered comatose by her then-husband – and has had his prison sentence increased to ten years.
Higher Court Case
Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.
A jury of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of June 29, 2019.
The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife once he had drugged her into a unconscious state.
“We hope the court will declare that in this society, fundamental rights are also rights of women – that agreement is individual, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is obtained personally and not by proxy from a husband.”
Case History
Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their union.
Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the sole individual to challenge his verdict. He was initially handed a term to 9 years in prison, a sentence raised on Thursday to ten years.
The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.
Testimony and Proof
Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.
Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”
The courtroom became a central issue for a broader debate on societal attitudes in society as the defendant continued to claim he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been permissible.
The panel in the Nîmes appeals court was displayed recorded footage of the victim's limp body, sedated and snoring in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a period of what investigators stated was several hours. The court official said she had been at risk of death by asphyxiation. The prosecution said there was no question that she had been unconscious and had not given permission.
Dogan's Claims
The defendant told the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”
Questioned if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that individual.”
Survivor's Statement
The victim, who was supported upon departing the trial each day by crowds assembled to support her, told the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Never.”
The victim, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”
Legal Commentary
Sie, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, maybe motivated by the societal understanding resulting from the revelation of your case.”
Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”
Sie told Dogan: “While you refuse to admit it, it’s not just a person, it’s an complete sordid social system that you are supporting.”
Personal History
Dogan 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 parent was aggressive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was stopped by police for dealing drugs and his parent forced him to leave the residence. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of being unhoused.
He was married and had a child with Down’s syndrome, 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 sexual encounters outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that annually he engaged in commercial sex on his special day. His legal representatives stated to the court he had arthritis resulting from the anxiety of the first trial.
