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An individual was convicted on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and was given his jail term increased to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had contested his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to visit his house to assault his wife after he had drugged her into a comatose state.

We trust the jury will declare that in this society, human rights are also women’s rights – that consent is individual, not given by another,” said the victim's lawyer, her legal representative. “Consent is secured personally and not by proxy from a husband.”

Context

The ex-husband, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and bringing in numerous individuals to rape her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the single defendant to challenge his conviction. He was originally sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was going out, the court heard.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a deep sleep, while a smiling the perpetrator 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 suffocation. The prosecution said there was no question that she had been unaware and had not consented.

Dogan's Claims

The defendant informed the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he reassured me.”

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

Victim's Response

The victim, who was cheered upon leaving court each day by crowds assembled to support her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to rape an incapacitated woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is maybe in the process of that, maybe motivated by the societal understanding brought by the exposure of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

Sie addressed Dogan: “While you deny it, it’s not just a individual, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his father kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard 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 stated to a court psychologist that annually he looked for paid sex on his birthday. His legal representatives informed the court he had joint inflammation caused by the pressure of the first trial.