France's Higher Tribunal Raises Sentence for Gisèle Pelicot Assailant
An individual was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her spouse – and received his prison sentence raised to 10 years.
Retrial Proceedings
The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.
A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.
The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a unconscious state.
“We hope the panel will affirm that in this country, human rights are also rights of women – that agreement is personal, not transferred,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not by proxy from a husband.”
Case History
The husband, a notorious sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for sedating his then wife and soliciting dozens of men to rape 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 guilty in a notable trial last year, and Dogan was the sole individual to challenge his sentence. He was originally given a sentence to 9 years in prison, a punishment enhanced on Thursday to ten years.
The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any blame”.
Testimony and Proof
Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was stepping out, the evidence indicated.
The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the hearing, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”
The courtroom became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.
The jury in the higher court was shown visual proof of the victim's unresponsive form, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation on several occasions over a duration of what police said was 3.5 hours. The presiding judge said she had been at peril of death by choking. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.
Defendant's Statements
Dogan told the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he convinced me.”
Questioned if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that individual.”
Victim's Response
The victim, who was supported upon departing the trial each day by supporters gathered to back her, told Dogan in court: “You do not grasp. When will you admit you violated me? It is illegal to rape an unaware woman. How could I have give you consent? Never.”
The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”
Legal Commentary
Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The community is possibly in the midst of that, perhaps driven by the public consciousness resulting from the revelation of your ordeal.”
Sie said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”
The prosecutor addressed Dogan: “As long as you reject it, it’s not just a individual, it’s an complete sordid societal structure that you are supporting.”
Biographical Details
Dogan was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The court heard that his parent was violent and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by police for drug trafficking and his father kicked him out of home. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of homelessness.
He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated intimate relations outside their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that annually he looked for transactional encounters on his birthday. His legal representatives stated to the court he had a medical condition triggered by the stress of the original case.
