A defendant was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her spouse – and has had his incarceration period raised to a decade.
Appeal Trial
Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.
A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of June 29, 2019.
The evidence showed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife once he had drugged her into a unconscious state.
“We hope the panel will affirm that in this nation, fundamental rights are also women’s rights – that consent is individual, not given by another,” declared the victim's attorney, Antoine Camus. “Permission is secured personally and not by proxy from a spouse.”
Background
Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his then wife and soliciting numerous individuals to rape her in her home in the community of the village of Mazan over a duration of many years of their marriage.
Fifty other men were found culpable in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was first sentenced to 9 years in prison, a penalty increased on Thursday to ten years.
The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.
Testimony and Proof
Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the court heard.
The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had known his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”
The proceedings became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to say he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.
The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what investigators stated was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.
Accused's Testimony
Dogan told the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.”
Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that lady.”
Victim's Response
The victim, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to assault an unaware woman. How could I have give you agreement? Not once.”
Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”
Legal Commentary
The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The public is maybe in the midst of that, maybe driven by the public consciousness resulting from the publication of your situation.”
Sie said the defendant's claims of non-guilt 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.”
Sie said to Dogan: “As long as you reject it, it’s not just a person, it’s an complete disturbing cultural framework that you are upholding.”
Personal History
Dogan was born in the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent forced him to leave the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of homelessness.
He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that each year he looked for commercial sex on his birthday. His lawyers stated to the court he had joint inflammation caused by the pressure of the first trial.
