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A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his incarceration period raised to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We expect the court will affirm that in this country, human rights are also rights of women – that agreement is personal, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not through someone else from a husband.”

Background

The husband, a notorious sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for sedating his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a period of many years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the sole individual to contest his conviction. He was initially handed a term to 9 years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects 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 the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly give evidence at the appeal trial, told the court that Dogan had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was presented with visual proof of the victim's unconscious figure, sedated and snoring in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a duration of what authorities reported was 3.5 hours. The court official said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by crowds present to support her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you agreement? Never.”

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

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. Society is maybe in the midst of that, possibly propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an whole sordid social system that you are supporting.”

Personal History

The accused was born in the country of 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 father was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by authorities for drug trafficking and his father evicted him the residence. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a court psychologist that annually he looked for paid sex on his birthday. His attorneys informed the court he had a medical condition resulting from the stress of the initial proceedings.