A defendant has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his incarceration period extended to a decade.
Appeal Trial
The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.
A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of June 29, 2019.
The evidence showed that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum called “without her knowledge”, where the husband was seeking men to visit his house to assault his wife once he had drugged her into a comatose state.
We trust the jury will declare that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received directly and not through someone else from a husband.”
Case History
Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.
Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the only man to appeal against his verdict. He was initially handed a term to nine years in prison, a sentence raised on Thursday to ten years.
The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.
Evidence Presented
Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after notifying his wife he was leaving, the evidence indicated.
Pelicot, who was transported from segregation in prison to temporarily give evidence at the appeal trial, told the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”
The trial became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the room, his behavior had been justifiable.
The panel in the Nîmes appeals court was displayed video evidence of the victim's limp body, sedated and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation repeatedly over a duration of what police said was three and a half hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.
Defendant's Statements
The defendant informed the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan stated to the court. “I proceeded because he convinced me.”
Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that individual.”
Victim's Response
Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters present to back her, told the defendant in court: “You do not grasp. When will you admit you violated me? It is unlawful to rape an incapacitated woman. At what point did I give you agreement? At no time.”
Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”
Legal Commentary
The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is maybe in the course of that, perhaps propelled by the societal understanding brought by the publication of your ordeal.”
The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”
Sie addressed the defendant: “As long as you reject it, it’s not just a person, it’s an whole sordid cultural framework that you are upholding.”
Biographical Details
Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a concierge. 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 residence. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.
He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had told a court psychologist that each year he looked for transactional encounters on his birthday. His lawyers told the court he had arthritis triggered by the stress of the original case.
