A defendant was declared guilty on higher court review of raping Gisèle Pelicot after she was rendered comatose by her husband – and was given his incarceration period increased to ten years.
Retrial Proceedings
The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the higher court in Nîmes.
A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of 29 June 2019.
The testimony revealed that Dogan, a family man, made contact with the victim's spouse, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to visit his house to rape his wife once he had sedated her into a unconscious state.
We expect the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a husband.”
Case History
The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his then wife and soliciting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their marriage.
Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the only man to challenge his sentence. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.
The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any blame”.
Evidence Presented
Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault the victim, after telling his wife he was stepping out, the court heard.
Pelicot, who was brought from isolation in prison to briefly testify at the appeal trial, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”
The courtroom became a central issue for a larger conversation on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, arguing that because the victim's husband had allowed him into the bedroom, his conduct had been justifiable.
The panel in the higher court was displayed visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.
Defendant's Statements
The defendant informed the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I carried on because he convinced me.”
Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that individual.”
Survivor's Statement
The survivor, who was applauded upon leaving court each day by onlookers present to back her, addressed Dogan in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to assault an incapacitated woman. How could I have give you agreement? Never.”
The victim, seventy-two, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”
Legal Commentary
The prosecutor, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The public is maybe in the course of that, maybe motivated by the collective awareness brought by the publication of your ordeal.”
Sie said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must 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 woman, it’s an entire disturbing social system that you are endorsing.”
Biographical Details
Dogan was born in Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was violent and that the defendant began using drugs at the age of ten. When Dogan was 17 he was caught by authorities for drug trafficking and his father kicked him out of home. He served time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of homelessness.
He was married 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 evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that once a year he engaged in commercial sex on his birthday. His lawyers informed the court he had joint inflammation resulting from the anxiety of the initial proceedings.
