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A defendant was convicted on appeal of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and was given his prison sentence raised to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had sedated her into a comatose state.

We expect the panel will affirm that in this nation, human rights are also rights of women – that permission is personal, not transferred,” stated the victim's attorney, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Context

The ex-husband, among the most severe sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his then wife and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the sole individual to appeal against his verdict. He was first sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The trial became a central issue for a wider discussion on societal attitudes in society as the defendant continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of the victim's limp body, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator committed rape multiple times over a period of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by choking. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Accused's Testimony

Dogan informed the court the videos were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Survivor's Statement

The victim, who was supported upon leaving court each day by crowds present to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an unaware woman. When did I ever give you permission? At no time.”

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

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. Society is perhaps in the process of that, maybe motivated by the societal understanding resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire unpleasant social system that you are upholding.”

Personal History

The accused was born in Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began using drugs at the age of 10. When he was seventeen he was apprehended by police for dealing drugs and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a evaluator that once a year he sought paid sex on his birthday. His lawyers informed the court he had joint inflammation caused by the anxiety of the initial proceedings.