A man has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period increased to ten years.
Higher Court Case
Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.
A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the morning of June 29, 2019.
The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.
“We hope the court will say loud and clear that in this country, human rights are also women’s rights – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not via a representative from a spouse.”
Case History
The husband, one of the worst sex offenders in modern French history, was handed a sentence to two decades in prison last year for drugging his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.
Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the only man to appeal against his sentence. He was first handed a term to nine years in prison, a penalty raised on Thursday to a decade.
The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.
Courtroom Details
The defendant had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was going out, the court heard.
Pelicot, who was brought from isolation in prison to briefly testify at the appeal trial, told the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”
The proceedings became a key topic for a broader debate on sexual violence norms in society as the defendant continued to claim he was innocent and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his conduct had been acceptable.
The jury in the Nîmes appeals court was presented with video evidence of the victim's limp body, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape on several occasions over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not agreed.
Accused's Testimony
Dogan informed the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he reassured me.”
Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that individual.”
Victim's Response
The survivor, who was applauded upon leaving court each day by supporters present to back her, told the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unaware woman. When did I ever give you consent? Never.”
The victim, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”
Legal Commentary
The prosecutor, turning to the victim in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the process of that, maybe motivated by the societal understanding brought by the publication of your ordeal.”
The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”
Sie said to Dogan: “As long as you deny it, it’s not just a person, it’s an complete sordid societal structure that you are endorsing.”
Defendant's Background
The accused was originated from the country of Turkey and at the age of five came to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis at the age of ten. 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 drug dealing in his twenties and had worked as a construction worker but had experienced periods of being unhoused.
He was married and had a son with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular extramarital activities outside their union. His defence said this was his way of coping with his challenging existence. Dogan had informed a evaluator that each year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had arthritis resulting from the anxiety of the first trial.
