French Higher Court Uphighers Sentence for Gisèle Pelicot Perpetrator
A defendant has been found guilty on higher court review of raping Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence extended to 10 years.
Higher Court Case
Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.
A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of 29 June 2019.
The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife once he had rendered her unconscious into a comatose state.
“We hope the court will declare that in this country, fundamental rights are also women’s rights – that agreement is individual, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”
Background
The husband, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his then wife and inviting multiple perpetrators to rape her in her home in the community of Mazan over a span of nearly ten years of their union.
Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was initially sentenced to nine years in prison, a punishment raised on Thursday to ten years.
The state's attorney, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.
Evidence Presented
Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape the victim, after notifying his wife he was leaving, the testimony revealed.
The ex-husband, who was brought from isolation in prison to briefly testify at the hearing, told the court that the accused had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”
The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.
The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, unconscious and snoring in a comatose state, while a smiling the perpetrator performed assault on several occasions over a period of what authorities reported was 3.5 hours. The judge said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not agreed.
Accused's Testimony
Dogan informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”
Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that individual.”
Survivor's Statement
The victim, who was supported upon departing the trial each day by crowds gathered to support her, said to Dogan in court: “You do not grasp. When will you admit you raped me? It is unlawful to rape an unconscious woman. How could I have give you permission? Never.”
The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”
State's Argument
The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The public is possibly in the course of that, perhaps motivated by the collective awareness resulting from the exposure of your situation.”
The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”
Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole sordid societal structure that you are supporting.”
Personal History
Dogan was born in Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana aged 10. When he was seventeen he was caught by police for drug trafficking and his father forced him to leave the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.
He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that once a year he looked for commercial sex on his special day. His legal representatives informed the court he had arthritis resulting from the pressure of the original case.
