A man was declared guilty on appeal of raping Gisele Pelicot after she was sedated by her then-husband – and received his jail term extended to a decade.
Appeal Trial
The defendant, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a retrial this week at the higher court in Nîmes.
A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her residence in the south of France in the early hours of 29 June 2019.
The testimony revealed that the accused, a married father, reached out to the victim's husband at the time, the husband, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had drugged her into a deep sleep.
“We hope the jury will say loud and clear that in this country, human rights are also rights of women – that permission is individual, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”
Context
Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the town of Mazan over a duration of many years of their union.
Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the single defendant to contest his verdict. He was originally handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.
The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.
Testimony and Proof
The defendant had first sent the husband graphic images and then driven an hour from his town in the region to assault the victim, after informing his wife he was going out, the testimony revealed.
The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, stated to the court that the accused 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 key topic for a larger conversation on rape culture in society as Dogan continued to say he was innocent and had not committed rape, stating that because the victim's husband had allowed him into the residence, his actions had been justifiable.
The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a duration of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.
Defendant's Statements
The defendant told the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”
Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that individual.”
Survivor's Statement
The victim, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to rape an unaware woman. At what point did I give you consent? At no time.”
Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”
Prosecutor's Remarks
Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “The shame remains. Society is possibly in the midst of that, perhaps motivated by the collective awareness resulting from the revelation of your situation.”
The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”
The prosecutor said to Dogan: “While you reject it, it’s not just a individual, it’s an whole unpleasant societal structure that you are supporting.”
Personal History
The accused was born in Turkey and at the age of 5 came to France, where his parent worked as a concierge. The testimony revealed that his father was violent and that the defendant began using drugs aged ten. When he was 17 he was apprehended by police for selling narcotics and his parent kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.
He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a mental health expert that each year he sought commercial sex on his special day. His attorneys told the court he had a medical condition caused by the pressure of the original case.
