An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was rendered comatose by her spouse – and has had his incarceration period increased to a decade.
Higher Court Case
Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.
A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her residence in the south of France in the morning of 29 June 2019.
The evidence showed that Dogan, a married father, reached out to the victim's spouse, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife after he had sedated her into a unconscious state.
“We hope the jury will affirm that in this nation, human rights are also women’s rights – that consent is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is obtained directly and not via a representative from a spouse.”
Context
Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his wife at the time and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their union.
Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the only man to appeal against his conviction. He was originally given a sentence to nine years in prison, a punishment increased on Thursday to 10 years.
The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.
Courtroom Details
Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.
The ex-husband, who was transported from solitary confinement 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 communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her consent.”
The courtroom became a focus point for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been permissible.
The panel in the higher court was presented with recorded footage of the victim's limp body, sedated and snoring in a comatose state, while a smiling Dogan performed assault multiple times over a timeframe of what police said was several hours. The court official said she had been at peril of fatal outcome by choking. The prosecution said there was no doubt that she had been incapacitated and had not agreed.
Dogan's Claims
The defendant informed the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he convinced me.”
Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that woman.”
Survivor's Statement
Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It is illegal to assault an unaware woman. At what point did I give you agreement? Not once.”
The victim, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”
Prosecutor's Remarks
Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is possibly in the course of that, perhaps motivated by the collective awareness spurred by the revelation of your case.”
The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”
The prosecutor told Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an entire sordid societal structure that you are supporting.”
Personal History
Dogan was originated from Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was stopped by authorities for drug trafficking and his parent forced him to leave of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had faced periods of homelessness.
He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that annually he engaged in commercial sex on his special day. His lawyers informed the court he had a medical condition triggered by the pressure of the first trial.
