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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his prison sentence raised to 10 years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her home in southern France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the jury will declare that in this nation, human rights are also rights of women – that agreement is personal, not delegated,” declared the victim's attorney, Antoine Camus. “Agreement is obtained personally and not by proxy from a husband.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was given a prison term to two decades in prison last year for drugging his then wife and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the sole individual to appeal against his sentence. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the hearing, informed the court that Dogan had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the room, his actions had been permissible.

The panel in the higher court was displayed video evidence of the victim's limp body, sedated and snoring in a comatose state, while a smiling Dogan committed rape on several occasions over a period of what authorities reported was 3.5 hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I proceeded because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by supporters present to stand with her, said to the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault an unconscious woman. How could I have give you consent? Not once.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the process of that, perhaps driven by the societal understanding spurred by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

Dogan was born in Turkey and at the age of five came to France, where his father worked as a caretaker. The court heard that his parent was violent and that the defendant began smoking cannabis at the age of ten. When he was 17 he was stopped by police for dealing drugs and his father forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had frequent intimate relations outside their union. His defence said this was his way of coping with his stressful life. Dogan had told a court psychologist that annually he sought paid sex on his birthday. His legal representatives told the court he had a medical condition triggered by the anxiety of the initial proceedings.