An individual was convicted on retrial of raping Gisèle Pelicot following she was rendered comatose by her spouse – and was given his jail term extended to ten years.
Appeal Trial
The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.
A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.
The court heard that the accused, a family man, made contact with the victim's husband at the time, the husband, in an digital platform named “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had sedated her into a comatose state.
“We hope the panel will declare that in this nation, fundamental rights are also rights of women – that permission is individual, not transferred,” said the victim's attorney, her legal representative. “Permission is obtained personally and not by proxy from a husband.”
Background
The husband, among the most severe sex offenders in modern French history, was handed a sentence to two decades in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the town of Mazan over a duration of nearly ten years of their marriage.
Fifty other men were found culpable in a high-profile trial last year, and Dogan was the single defendant to appeal against his verdict. He was originally sentenced to nine years in prison, a sentence increased on Thursday to a decade.
The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.
Testimony and Proof
The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after notifying his wife he was leaving, the evidence indicated.
Pelicot, who was transported from isolation in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”
The trial became a focus point for a larger conversation on sexual violence norms in society as Dogan continued to claim he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.
The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling Dogan committed rape repeatedly over a period of what police said was three and a half hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not agreed.
Defendant's Statements
Dogan informed the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”
Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”
Victim's Response
The victim, who was applauded upon exiting the courtroom each day by crowds gathered to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Never.”
The victim, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “Guilt ought to transfer.”
Prosecutor's Remarks
The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is possibly in the course of that, perhaps propelled by the public consciousness brought by the publication of your case.”
The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”
The prosecutor said to Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an whole sordid social system that you are endorsing.”
Personal History
The accused was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began smoking cannabis at the age of 10. When he was 17 he was stopped by authorities for dealing drugs and his parent evicted him of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone 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 school canteen. The court heard his wife did not know he had frequent intimate relations beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a mental health expert that once a year he engaged in paid sex on his special day. His lawyers stated to the court he had a medical condition triggered by the pressure of the first trial.
