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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his jail term extended to ten years.

Appeal Trial

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

A jury of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in Provence in the morning of June 29, 2019.

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “without her knowledge”, where Pelicot was looking for men to enter his residence to rape his wife once he had drugged her into a comatose state.

We trust the court will say loud and clear that in this society, human rights are also women’s rights – that permission is individual, not delegated,” said the victim's lawyer, Antoine Camus. “Consent is received directly and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sexual predators in recent French history, was handed a sentence to two decades in prison last year for sedating his wife at the time and soliciting dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to appeal against his conviction. He was initially handed a term to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to briefly give evidence at the retrial, told the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was innocent and had not engaged in violation, contending that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling Dogan performed assault repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

Dogan informed the court the footage were simply “sex scenes” and rejected it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that individual.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by supporters present to back her, told the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to rape an incapacitated woman. When did I ever give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “Guilt has not shifted. The public is maybe in the course of that, perhaps propelled by the public consciousness brought by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

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

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The court heard that his parent was violent and that the defendant began consuming marijuana aged ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent kicked him out the residence. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a mental health expert that each year he sought transactional encounters on his special day. His attorneys informed the court he had arthritis resulting from the pressure of the first trial.