A defendant was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his prison sentence extended to 10 years.
Appeal Trial
The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.
A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the early hours of June 29, 2019.
The evidence showed that the accused, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife once he had drugged her into a unconscious state.
We expect the court will affirm that in this nation, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Consent is obtained personally and not through someone else from a husband.”
Context
The ex-husband, one of the worst sexual predators in recent French history, was sentenced to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a span of many years of their marriage.
Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the sole individual to appeal against his conviction. He was first sentenced to nine years in prison, a penalty increased on Thursday to 10 years.
The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any accountability”.
Testimony and Proof
The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the testimony revealed.
Pelicot, who was transported from segregation in prison to briefly give evidence at the retrial, informed the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her knowledge.”
The proceedings became a focus point for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.
The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a smiling Dogan performed assault on several occasions over a period of what authorities reported was three and a half hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been unaware and had not given permission.
Defendant's Statements
Dogan informed the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he convinced me.”
Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that lady.”
Victim's Response
The victim, who was supported upon exiting the courtroom each day by supporters gathered to support her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an unaware woman. At what point did I give you consent? At no time.”
Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”
State's Argument
The prosecutor, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is perhaps in the course of that, maybe driven by the public consciousness resulting from the exposure of your case.”
Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”
The prosecutor addressed the defendant: “As long as you reject it, it’s not just a individual, it’s an complete disturbing social system that you are endorsing.”
Defendant's Background
Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began consuming marijuana aged 10. When he was seventeen he was caught by police for drug trafficking and his parent evicted him the residence. He served time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.
He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had repeated extramarital activities outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a evaluator that each year he looked for paid sex on his birthday. His legal representatives told the court he had a medical condition resulting from the pressure of the original case.
