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

Higher Court Case

Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife after he had drugged her into a comatose state.

We trust the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not given by another,” said the victim's lawyer, her legal representative. “Consent is secured directly and not through someone else from a spouse.”

Background

The ex-husband, one of the worst sexual predators in recent French history, was given a prison term to two decades in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a period of many years of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was initially handed a term to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought 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 “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because the victim's husband had allowed him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a smiling Dogan performed assault multiple times over a period of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by crowds present to support her, addressed the defendant in court: “You do not grasp. When are you going to recognise you assaulted me? It is illegal to rape an incapacitated woman. At what point did I give you agreement? Never.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The public is perhaps in the process of that, perhaps driven by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie told Dogan: “While you deny it, it’s not just a individual, it’s an entire disturbing cultural framework that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began using drugs aged ten. When he was 17 he was caught by authorities for drug trafficking and his father evicted him of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that once a year he sought transactional encounters on his birthday. His lawyers told the court he had joint inflammation caused by the anxiety of the original case.