An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and was given his incarceration period extended to a decade.
Higher Court Case
The defendant, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a retrial this week at the higher court in Nîmes.
A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of June 29, 2019.
The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife once he had drugged her into a unconscious state.
“We hope the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained directly and not via a representative from a spouse.”
Context
The ex-husband, among the most severe sexual predators in recent French history, was handed a sentence to twenty years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the community of the village of Mazan over a period of almost a decade of their marriage.
Fifty other men were found convicted in a notable trial last year, and the appellant was the sole individual to contest his conviction. He was originally handed a term to nine years in prison, a sentence raised on Thursday to a decade.
The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any blame”.
Testimony and Proof
Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.
Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, told the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her consent.”
The courtroom became a focus point for a broader debate on societal attitudes in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.
The panel in the higher court was shown visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at peril of death by choking. The state's case said there was absolute certainty that she had been incapacitated and had not agreed.
Defendant's Statements
The defendant stated to the court the footage were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan informed the court. “I continued because he reassured me.”
Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that individual.”
Pelicot's Words
Gisèle Pelicot, who was applauded upon departing the trial each day by supporters present to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is illegal to rape an unconscious woman. When did I ever give you agreement? Not once.”
The victim, 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.”
Prosecutor's Remarks
The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “The shame remains. The public is perhaps in the process of that, maybe propelled by the societal understanding resulting from the exposure of your ordeal.”
Sie said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”
The prosecutor said to the defendant: “As long as you reject it, it’s not just a individual, it’s an entire sordid cultural framework that you are upholding.”
Defendant's Background
The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The court heard that his father was abusive and that the defendant began using drugs at the age of 10. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had experienced periods of being unhoused.
He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent intimate relations beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had stated to a court psychologist that annually he looked for transactional encounters on his special day. His lawyers informed the court he had arthritis caused by the stress of the initial proceedings.
