An individual was convicted on appeal of raping Gisèle Pelicot after she was drugged unconscious by her husband – and received his jail term raised to a decade.
Appeal Trial
Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the higher court in Nîmes.
A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.
The testimony revealed that Dogan, a family man, connected with the victim's spouse, the husband, in an digital platform called “without her knowledge”, where the husband was seeking men to come to his home to rape his wife after 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 women’s rights – that agreement is personal, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”
Background
The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to two decades in prison last year for sedating his wife at the time and inviting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their union.
Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his sentence. He was initially given a sentence to nine years in prison, a punishment raised on Thursday to ten years.
The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.
Courtroom Details
Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.
The ex-husband, who was brought from isolation in prison to temporarily give evidence at the hearing, stated to the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”
The proceedings became a key topic for a wider discussion on societal attitudes in society as the defendant continued to assert he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.
The panel in the Nîmes appeals court was presented with video evidence of the victim's unconscious figure, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not consented.
Accused's Testimony
Dogan informed the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He declared 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 the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”
Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that lady.”
Victim's Response
The survivor, who was cheered upon leaving court each day by crowds assembled to support 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 unconscious woman. How could I have give you consent? Never.”
The victim, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”
Prosecutor's Remarks
Sie, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, perhaps propelled by the collective awareness resulting from the revelation of your situation.”
The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”
The prosecutor told Dogan: “While you deny it, it’s not just a woman, it’s an whole sordid social system that you are endorsing.”
Personal History
Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The evidence indicated that his father was violent and that Dogan began consuming marijuana aged 10. When he was seventeen he was apprehended by authorities for drug trafficking and his father kicked him out the family house. He spent time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of homelessness.
He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had informed a evaluator that annually he engaged in transactional encounters on his special day. His lawyers told the court he had arthritis resulting from the anxiety of the initial proceedings.
