An individual was convicted on retrial of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and received his incarceration period raised to ten years.
Appeal Trial
Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a new trial this week at the higher court in Nîmes.
A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.
The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “without her consent”, where the husband was looking for men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.
“We hope the court will say loud and clear that in this country, fundamental rights are also women’s rights – that agreement is personal, not given by another,” said the victim's lawyer, Antoine Camus. “Permission is obtained personally and not via a representative from a husband.”
Context
The ex-husband, one of the worst sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of many years of their union.
Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his conviction. He was originally sentenced to nine years in prison, a punishment raised on Thursday to a decade.
The lead state prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.
Testimony and Proof
The defendant had initially sent the husband graphic images and then driven an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.
The ex-husband, who was transported from segregation in prison to temporarily give evidence at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”
The trial became a central issue for a wider discussion on rape culture in society as the defendant continued to say he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.
The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape multiple times over a duration of what police said was 3.5 hours. The court official said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been unaware and had not given permission.
Accused's Testimony
The defendant stated to the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. 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 OK. He said he was deceived by the husband. “I tried to halt,” the accused told the court. “I continued because he persuaded me.”
Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that lady.”
Pelicot's Words
The victim, who was applauded upon departing the trial each day by supporters gathered to stand with her, said to the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to rape an unaware woman. How could I have give you permission? Not once.”
Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”
Legal Commentary
The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The public is maybe in the course of that, maybe motivated by the collective awareness brought by the exposure of your case.”
The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”
The prosecutor told the defendant: “As long as you deny it, it’s not just a woman, it’s an complete disturbing cultural framework that you are supporting.”
Biographical Details
Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a building manager. The testimony revealed that his father was violent and that Dogan began consuming marijuana at the age of 10. When Dogan was seventeen he was apprehended by police for selling narcotics and his father kicked him out the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of homelessness.
He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had repeated intimate relations outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had told a court psychologist that annually he looked for commercial sex on his special day. His attorneys informed the court he had arthritis triggered by the pressure of the first trial.
