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A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his jail term increased to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was recruiting men to enter his residence to assault his wife once he had drugged her into a comatose state.

We expect the jury will declare that in this society, fundamental rights are also rights of women – that permission is personal, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is obtained directly and not through someone else from a husband.”

Context

The ex-husband, a notorious sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his spouse and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the single defendant to challenge his sentence. He was initially sentenced to nine years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to briefly provide testimony at the retrial, told the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been permissible.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

Dogan told the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I carried on because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that individual.”

Survivor's Statement

The survivor, who was supported upon leaving court each day by onlookers present to support her, said to Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, possibly propelled by the public consciousness spurred by the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie said to the defendant: “While you deny it, it’s not just a woman, it’s an entire disturbing social system that you are endorsing.”

Biographical Details

Dogan was originated from the country of 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 Dogan began using drugs aged ten. When he was 17 he was apprehended by police for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had regular intimate relations outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had stated to a evaluator that once a year he sought paid sex on his special day. His lawyers informed the court he had arthritis resulting from the anxiety of the first trial.