A man was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his jail term raised to ten years.
Appeal Trial
Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the appeals court in Nîmes.
A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of 29 June 2019.
The court heard that Dogan, a married father, made contact with the victim's then husband, the husband, in an digital platform titled “without her knowledge”, where the husband was seeking men to visit his house to rape his wife after he had drugged her into a deep sleep.
We trust the panel will declare that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained directly and not via a representative from a husband.”
Background
The ex-husband, a notorious sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of nearly ten years of their union.
Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to challenge his sentence. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to a decade.
The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.
Testimony and Proof
The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.
The ex-husband, who was brought from isolation in prison to briefly give evidence at the appeal trial, told the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”
The trial became a focus point for a broader debate on sexual violence norms in society as the defendant continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been permissible.
The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a period of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.
Defendant's Statements
The defendant informed the court the recordings were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I carried on because he convinced me.”
Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that individual.”
Survivor's Statement
Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters assembled to support her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to rape an unconscious woman. When did I ever give you agreement? Never.”
Gisèle Pelicot, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”
State's Argument
Sie, addressing the victim in court, said the defendant's failure to take blame showed that: “The shame remains. The community is perhaps in the midst of that, possibly driven by the collective awareness spurred by the exposure of your situation.”
Sie said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”
The prosecutor told the defendant: “As long as you deny it, it’s not just a person, it’s an entire disturbing social system that you are upholding.”
Biographical Details
The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began using drugs aged 10. When he was seventeen he was stopped by authorities for drug trafficking and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.
He was married and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had informed a evaluator that annually he sought commercial sex on his birthday. His attorneys stated to the court he had joint inflammation triggered by the pressure of the original case.
