A defendant has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and received his incarceration period increased to 10 years.
Retrial Proceedings
The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.
A panel of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the early hours of June 29, 2019.
The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum named “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.
We trust the jury will affirm that in this country, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained directly and not via a representative from a spouse.”
Background
The ex-husband, a notorious sex offenders in France's contemporary records, was sentenced to two decades in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a duration of many years of their union.
Numerous other individuals were found guilty in a notable trial last year, and the appellant was the sole individual to challenge his conviction. He was initially handed a term to 9 years in prison, a punishment increased on Thursday to a decade.
The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.
Testimony and Proof
The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.
Pelicot, who was brought from isolation in prison to briefly testify 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 assault my wife after I’ve put her to sleep unbeknownst to her.”
The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been acceptable.
The panel in the higher court was shown video evidence of the victim's limp body, sedated and snoring in a comatose state, while a smiling Dogan performed assault multiple times over a period of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.
Defendant's Statements
Dogan stated to the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he convinced me.”
Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that woman.”
Pelicot's Words
Gisèle Pelicot, who was supported upon departing the trial each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to rape an unconscious woman. How could I have give you agreement? Never.”
The victim, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”
State's Argument
Sie, speaking to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is perhaps in the process of that, possibly motivated by the public consciousness spurred by the exposure of your case.”
Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”
The prosecutor said to the defendant: “While you reject it, it’s not just a woman, it’s an whole sordid social system that you are endorsing.”
Defendant's Background
The accused was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began consuming marijuana aged ten. When he was seventeen he was apprehended by authorities for selling narcotics and his father kicked him out the residence. He served time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of being unhoused.
He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that once a year he sought transactional encounters on his special day. His legal representatives informed the court he had a medical condition caused by the pressure of the first trial.
