An individual was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his incarceration period increased to 10 years.
Higher Court Case
Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.
A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.
The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.
We trust the court will affirm that in this country, human rights are also rights of women – that permission is personal, not delegated,” declared the victim's attorney, her legal representative. “Agreement is received personally and not through someone else from a spouse.”
Background
The husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.
Numerous other individuals were found guilty in a notable trial last year, and Dogan was the only man to contest his sentence. He was first given a sentence to 9 years in prison, a sentence raised on Thursday to ten years.
The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any blame”.
Evidence Presented
Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in the region to rape the victim, after telling his wife he was stepping out, the court heard.
Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the hearing, informed the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”
The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.
The jury in the Nîmes appeals court was shown video evidence of the victim's limp body, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation multiple times over a period of what investigators stated was 3.5 hours. The court official 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 consented.
Accused's Testimony
The defendant stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”
Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that woman.”
Pelicot's Words
The victim, who was cheered upon departing the trial each day by onlookers present to stand with her, told Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. When did I ever give you consent? Not once.”
Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”
Prosecutor's Remarks
Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, perhaps driven by the societal understanding spurred by the publication of your situation.”
The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”
Sie told the defendant: “While you refuse to admit it, it’s not just a individual, it’s an entire disturbing societal structure that you are supporting.”
Personal History
The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his father was abusive and that Dogan began using drugs aged ten. When Dogan was seventeen he was apprehended by police for dealing drugs and his father kicked him out of home. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of homelessness.
He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters outside their union. His defence said this was his way of coping with his stressful life. The defendant had stated to a mental health expert that once a year he engaged in commercial sex on his special day. His lawyers informed the court he had arthritis triggered by the anxiety of the first trial.
