A man was declared guilty on appeal of raping Gisele Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence raised to ten years.
Appeal Trial
Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.
A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of 29 June 2019.
The testimony revealed that Dogan, a married father, made contact with the victim's spouse, the husband, in an digital platform named “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had drugged her into a deep sleep.
We expect the panel will affirm that in this country, human rights are also rights of women – that consent is individual, not transferred,” said the victim's attorney, her legal representative. “Consent is received personally and not via a representative from a husband.”
Case History
Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of many years of their marriage.
Fifty other men were found convicted in a high-profile trial last year, and Dogan was the single defendant to challenge his verdict. He was originally given a sentence to nine years in prison, a penalty increased on Thursday to ten years.
The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.
Testimony and Proof
The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.
Pelicot, who was brought from isolation in prison to temporarily testify at the retrial, told the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”
The courtroom became a central issue for a broader debate on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, arguing that because the victim's husband had invited him into the residence, his actions had been justifiable.
The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a comatose state, while a grinning the perpetrator engaged in violation multiple times over a duration of what investigators stated was 3.5 hours. The court official said she had been at peril of fatal outcome by choking. The state's case said there was absolute certainty that she had been incapacitated and had not consented.
Defendant's Statements
The defendant stated to the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”
Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”
Victim's Response
The survivor, who was cheered upon exiting the courtroom each day by supporters present to stand with her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to rape an unaware woman. How could I have give you consent? At no time.”
Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”
Legal Commentary
Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is maybe in the process of that, perhaps propelled by the societal understanding spurred by the exposure of your ordeal.”
Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”
The prosecutor told Dogan: “While you deny it, it’s not just a individual, it’s an complete disturbing social system that you are upholding.”
Biographical Details
Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The court heard that his parent was aggressive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was caught by police for dealing drugs and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of being unhoused.
He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. 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 challenging existence. The defendant had told a court psychologist that annually he sought paid sex on his birthday. His attorneys stated to the court he had a medical condition triggered by the anxiety of the first trial.
