A man was convicted on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and was given his incarceration period raised to a decade.
Retrial Proceedings
Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.
A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the early hours of June 29, 2019.
The court heard that Dogan, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform titled “without her knowledge”, where the husband was looking for men to visit his house to assault his wife after he had sedated her into a comatose state.
“We hope the court will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is received personally and not by proxy from a husband.”
Case History
The husband, a notorious sexual predators in modern French history, was sentenced 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 the village of Mazan over a duration of many years of their union.
Numerous other individuals were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was originally handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.
The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.
Testimony and Proof
The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.
Pelicot, who was brought from isolation in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”
The courtroom became a key topic for a larger conversation on societal attitudes in society as Dogan continued to assert he was not guilty and had not committed rape, stating that because the victim's husband had welcomed him into the room, his actions had been justifiable.
The panel in the higher court was shown video evidence of the victim's limp body, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation on several occasions over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at risk of fatal outcome by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not given permission.
Dogan's Claims
Dogan stated to the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I proceeded because he convinced me.”
Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that woman.”
Pelicot's Words
The victim, who was cheered upon leaving court each day by onlookers gathered to support her, told Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is illegal to assault an unconscious woman. At what point did I give you consent? Not once.”
The victim, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”
Legal Commentary
Sie, addressing the victim in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, perhaps driven by the societal understanding brought by the exposure of your ordeal.”
Sie said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”
Sie said to the defendant: “As long as you deny it, it’s not just a person, it’s an complete disturbing societal structure that you are supporting.”
Defendant's Background
Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that Dogan began using drugs at the age of ten. When he was seventeen he was apprehended by authorities for selling narcotics and his father forced him to leave of home. He served time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of homelessness.
He was married and had a son with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that each year he looked for paid sex on his special day. His attorneys told the court he had a medical condition resulting from the pressure of the original case.
