An individual has been found guilty on appeal of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his jail term increased to ten years.
Retrial Proceedings
The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.
A panel of five men and four women, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the early hours of June 29, 2019.
The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum named “without her consent”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.
We trust the panel will say loud and clear that in this country, fundamental rights are also rights of women – that consent is individual, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not by proxy from a spouse.”
Context
Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.
Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his sentence. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to ten years.
The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.
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 telling his wife he was stepping out, the evidence indicated.
The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, informed the court that the accused had understood his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”
The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to claim he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.
The panel in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a grinning Dogan engaged in violation multiple times over a timeframe of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not consented.
Accused's Testimony
Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”
Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that individual.”
Pelicot's Words
The survivor, who was cheered upon leaving court each day by crowds assembled to back her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? Not once.”
The victim, seventy-two, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”
State's Argument
Sie, turning to the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, maybe driven by the collective awareness resulting from the exposure of your ordeal.”
Sie said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”
Sie told the defendant: “For as much as you reject it, it’s not just a person, it’s an complete unpleasant societal structure that you are supporting.”
Personal History
Dogan was born in the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began using drugs at the age of 10. When Dogan was seventeen he was stopped by police for selling narcotics and his father evicted him of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.
He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated intimate relations beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a evaluator that once a year he looked for paid sex on his birthday. His lawyers told the court he had arthritis resulting from the stress of the original case.
