A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and received his prison sentence extended to 10 years.
Appeal Trial
The defendant, 44, an unemployed builder, who had challenged his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.
A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of 29 June 2019.
The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum named “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife once he had sedated her into a unconscious state.
“We hope the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is personal, not delegated,” stated the victim's attorney, her legal representative. “Agreement is secured personally and not through someone else from a husband.”
Case History
Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to twenty years in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of nearly ten years of their union.
Fifty other men were found culpable in a widely publicized trial last year, and Dogan was the single defendant to challenge his conviction. He was originally given a sentence to nine years in prison, a penalty raised on Thursday to ten years.
The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any accountability”.
Evidence Presented
The defendant had first sent the husband sexually explicit photos and then driven an hour from his town in the region to rape the victim, after telling his wife he was going out, the court heard.
The ex-husband, who was brought from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”
The proceedings became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to assert he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his behavior had been acceptable.
The jury in the Nîmes appeals court was presented with recorded footage of the victim's unconscious figure, comatose and snoring in a deep sleep, while a grinning Dogan performed assault on several occasions over a timeframe of what police said was several hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not given permission.
Dogan's Claims
The defendant informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was manipulated by the husband. “I wanted to stop,” the accused informed the court. “I continued because he persuaded me.”
Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that individual.”
Pelicot's Words
The survivor, who was applauded upon departing the trial each day by supporters present to support her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to rape an unconscious woman. At what point did I give you consent? Never.”
The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”
State's Argument
The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the process of that, maybe driven by the societal understanding spurred by the revelation of your ordeal.”
The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”
The prosecutor told Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an whole disturbing social system that you are upholding.”
Personal History
Dogan was originated from Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his father was aggressive and that Dogan began consuming marijuana aged ten. When Dogan was seventeen he was caught by authorities for drug trafficking and his father evicted him the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of living on the streets.
He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular intimate relations outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had told a mental health expert that once a year he looked for paid sex on his special day. His legal representatives informed the court he had joint inflammation resulting from the pressure of the first trial.
