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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his jail term raised to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will say loud and clear that in this country, human rights are also rights of women – that consent is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not via a representative from a husband.”

Background

The husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to appeal against his verdict. He was first handed a term to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to assault the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to temporarily testify at the retrial, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was presented with video evidence of the victim's limp body, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape multiple times over a timeframe of what authorities reported was three and a half hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant told the court the videos were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to support her, said to Dogan in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to rape an unaware woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. Society is possibly in the process of that, possibly motivated by the collective awareness brought by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you deny it, it’s not just a person, it’s an entire sordid societal structure that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 came to France, where his parent worked as a concierge. The court heard that his father was aggressive and that the defendant began using drugs at the age of 10. When he was seventeen he was stopped by police for dealing drugs and his parent kicked him out of home. He spent time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations beyond their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a evaluator that once a year he sought transactional encounters on his birthday. His legal representatives told the court he had joint inflammation resulting from the anxiety of the original case.