A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and received his prison sentence extended to ten years.
Higher Court Case
The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.
A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.
The testimony revealed that the accused, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.
“We hope the court will say loud and clear that in this society, fundamental rights are also rights of women – that consent is personal, not given by another,” said the victim's attorney, Antoine Camus. “Agreement is received directly and not through someone else from a spouse.”
Context
Dominique Pelicot, a notorious sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for sedating his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.
Fifty other men were found convicted in a high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was initially given a sentence to nine years in prison, a penalty increased on Thursday to a decade.
The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.
Testimony and Proof
The defendant had first sent the husband graphic images and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.
Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”
The courtroom became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.
The jury in the Nîmes appeals court was presented with visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a smiling the perpetrator engaged in violation on several occasions over a period of what police said was three and a half hours. The judge said she had been at peril of death by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not consented.
Defendant's Statements
The defendant stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he reassured me.”
Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that lady.”
Survivor's Statement
Gisèle Pelicot, who was applauded upon leaving court each day by crowds assembled to stand with her, addressed the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It’s a crime to assault an unaware woman. At what point did I give you consent? Not once.”
Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”
Prosecutor's Remarks
The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, maybe propelled by the collective awareness brought by the publication of your situation.”
Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”
The prosecutor addressed Dogan: “As long as you reject it, it’s not just a individual, it’s an entire sordid cultural framework that you are upholding.”
Personal History
Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The court heard that his father was violent and that Dogan began consuming marijuana aged 10. When he was seventeen he was caught by police for dealing drugs and his parent forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of homelessness.
He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent intimate relations outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a court psychologist that annually he engaged in transactional encounters on his birthday. His lawyers informed the court he had a medical condition triggered by the pressure of the first trial.
