A defendant was convicted on appeal of sexually assaulting Gisele Pelicot after she was rendered comatose by her spouse – and received his prison sentence raised to 10 years.
Higher Court Case
The defendant, 44, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.
A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019.
The testimony revealed that the accused, a family man, reached out to the victim's spouse, the husband, in an internet forum called “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.
We trust the panel will affirm that in this country, fundamental rights are also women’s rights – that agreement is individual, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is obtained personally and not through someone else from a spouse.”
Context
The ex-husband, among the most severe sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of many years of their union.
Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the sole individual to challenge his sentence. He was first given a sentence to 9 years in prison, a penalty raised on Thursday to ten years.
The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.
Courtroom Details
The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to assault the victim, after informing his wife he was stepping out, the testimony revealed.
Pelicot, who was brought from segregation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”
The proceedings became a central issue for a broader debate on societal attitudes in society as Dogan continued to claim he was innocent and had not committed rape, arguing that because the victim's husband had invited him into the residence, his behavior had been justifiable.
The jury in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a comatose state, while a grinning Dogan engaged in violation repeatedly over a period of what authorities reported was three and a half hours. The court official said she had been at peril of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.
Defendant's Statements
The defendant informed the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he convinced me.”
Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that individual.”
Victim's Response
Gisèle Pelicot, who was applauded upon departing the trial each day by crowds assembled to support her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to assault an unconscious woman. At what point did I give you permission? Not once.”
The victim, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”
Legal Commentary
Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. Society is possibly in the process of that, possibly motivated by the public consciousness brought by the exposure of your situation.”
The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”
The prosecutor said to Dogan: “As long as you reject it, it’s not just a person, it’s an entire unpleasant cultural framework that you are supporting.”
Defendant's Background
The accused was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was stopped by police for selling narcotics and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of living on the streets.
He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had told a evaluator that annually he looked for commercial sex on his special day. His legal representatives informed the court he had a medical condition resulting from the stress of the initial proceedings.
