A man was declared guilty on retrial of raping Gisele Pelicot after she was drugged unconscious by her husband – and has had his jail term increased to 10 years.
Retrial Proceedings
Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.
A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the morning of June 29, 2019.
The evidence showed that the accused, a married father, made contact with the victim's then husband, the husband, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife once he had drugged her into a comatose state.
We expect the jury will declare that in this society, human rights are also rights of women – that permission is individual, not transferred,” stated the victim's lawyer, her legal representative. “Agreement is received personally and not through someone else from a spouse.”
Case History
Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to 20 years in prison last year for sedating his then wife and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.
Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the sole individual to appeal against his verdict. He was initially given a sentence to 9 years in prison, a sentence raised on Thursday to ten years.
The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.
Courtroom Details
Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.
Pelicot, who was transported from segregation in prison to temporarily testify at the appeal trial, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”
The trial became a focus point for a wider discussion on societal attitudes in society as the defendant continued to say he was innocent and had not committed rape, contending that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.
The panel in the higher court was displayed visual proof of the victim's unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been unaware and had not agreed.
Accused's Testimony
The defendant informed the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he convinced me.”
Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”
Pelicot's Words
The victim, who was supported upon exiting the courtroom each day by crowds gathered to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you agreement? At no time.”
Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”
Legal Commentary
The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. Society is possibly in the midst of that, perhaps motivated by the societal understanding spurred by the revelation of your case.”
Sie said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a culture of consent.”
The prosecutor addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant social system that you are upholding.”
Personal History
Dogan was originated from 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 consuming marijuana at the age of ten. When he was seventeen he was caught by police for drug trafficking and his father forced him to leave the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.
He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his stressful life. Dogan had told a court psychologist that each year he sought paid sex on his birthday. His legal representatives stated to the court he had arthritis resulting from the pressure of the first trial.
