A man was convicted on retrial of raping Gisele Pelicot following she was drugged unconscious by her spouse – and was given his jail term extended to ten years.
Retrial Proceedings
The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.
A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the early hours of June 29, 2019.
The court heard that the accused, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform named “unbeknownst to her”, where the husband was looking for men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.
“We hope the jury will affirm that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”
Background
The ex-husband, among the most severe sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his then wife and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of nearly ten years of their union.
Fifty other men were found convicted in a high-profile trial last year, and Dogan was the single defendant to challenge his verdict. He was first given a sentence to 9 years in prison, a punishment raised on Thursday to ten years.
The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.
Courtroom Details
Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was leaving, the court heard.
The ex-husband, who was brought from isolation in prison to temporarily testify at the hearing, informed the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”
The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been permissible.
The panel in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, comatose and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a period of what police said was several hours. The presiding judge said she had been at risk of fatal outcome by choking. The state's case said there was no question that she had been unconscious and had not consented.
Accused's Testimony
Dogan stated to the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he reassured me.”
Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that individual.”
Survivor's Statement
Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers assembled to support her, said to Dogan in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to rape an unaware woman. How could I have give you consent? Not once.”
Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”
Legal Commentary
Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The public is perhaps in the midst of that, possibly propelled by the public consciousness brought by the publication of your situation.”
The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”
The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an whole unpleasant social system that you are upholding.”
Personal History
The accused was born in the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began using drugs aged 10. When he was seventeen he was apprehended by authorities for drug trafficking and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a builder but had faced periods of being unhoused.
He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations outside their union. His legal team said this was his method of dealing with his stressful life. Dogan had informed a mental health expert that once a year he looked for commercial sex on his special day. His lawyers stated to the court he had a medical condition caused by the pressure of the initial proceedings.
