An individual was convicted on retrial of raping Gisele Pelicot after she was sedated by her spouse – and has had his jail term increased to ten years.
Appeal Trial
The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.
A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in Provence in the morning of June 29, 2019.
The evidence showed that Dogan, a family man, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a unconscious state.
“We hope the jury will affirm that in this nation, human rights are also rights of women – that permission is personal, not delegated,” said the victim's attorney, Antoine Camus. “Permission is obtained directly and not via a representative from a husband.”
Background
The husband, one of the worst sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of many years of their marriage.
Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was first sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.
The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.
Evidence Presented
Dogan had first sent the husband graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.
Pelicot, who was brought from solitary confinement in prison to briefly testify at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”
The proceedings became a key topic for a larger conversation on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the residence, his conduct had been justifiable.
The panel in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation repeatedly over a duration of what investigators stated was 3.5 hours. The court official said she had been at danger of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.
Accused's Testimony
The defendant stated to the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I carried on because he convinced me.”
Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to harm that lady.”
Survivor's Statement
Gisèle Pelicot, who was cheered upon leaving court each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you agreement? At no time.”
The victim, 72, 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.”
Prosecutor's Remarks
The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is possibly in the midst of that, possibly propelled by the collective awareness spurred by the publication of your case.”
The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”
The prosecutor addressed Dogan: “While you reject it, it’s not just a person, it’s an entire unpleasant societal structure that you are endorsing.”
Personal History
Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began using drugs aged 10. When he was seventeen he was stopped by authorities for dealing drugs and his parent evicted him the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a construction worker but had experienced periods of homelessness.
He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent sexual encounters beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a mental health expert that annually he looked for transactional encounters on his special day. His attorneys informed the court he had arthritis caused by the anxiety of the original case.
