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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and received his jail term raised to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “without her consent”, where the husband was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the jury will declare that in this society, human rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Context

The husband, among the most severe sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the Provence village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was originally sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the hearing, stated to the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed visual proof of the victim's limp body, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a timeframe of what investigators stated was several hours. The presiding judge said she had been at danger of death by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that lady.”

Pelicot's Words

The victim, who was supported upon departing the trial each day by crowds present to support her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to assault an unconscious woman. How could I have give you agreement? At no time.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, speaking to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The public is maybe in the course of that, maybe propelled by the public consciousness spurred by the publication of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie told the defendant: “While you deny it, it’s not just a woman, it’s an entire sordid cultural framework that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five moved to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for selling narcotics and his father forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had regular extramarital activities outside their union. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that each year he sought commercial sex on his birthday. His legal representatives told the court he had a medical condition caused by the pressure of the original case.