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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his prison sentence increased to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an digital platform called “without her consent”, where the husband was seeking men to enter his residence to rape his wife after he had sedated her into a deep sleep.

We expect the jury will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is received personally and not via a representative from a husband.”

Background

The ex-husband, a notorious sexual predators in modern French history, was sentenced to twenty years in prison last year for sedating his then wife and inviting dozens of men to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the single defendant to challenge his sentence. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had initially sent the husband graphic images and then traveled an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the hearing, informed the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not perpetrated assault, arguing that because the victim's husband had invited him into the residence, his conduct had been acceptable.

The jury in the higher court was displayed recorded footage of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions over a period of what investigators stated was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that individual.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by crowds present to support her, told Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you agreement? At no time.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. Society is possibly in the midst of that, maybe motivated by the societal understanding spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “As long as you reject it, it’s not just a individual, it’s an complete sordid social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a building manager. The court heard that his parent was abusive and that the defendant began smoking cannabis aged 10. When he was 17 he was apprehended by authorities for dealing drugs and his parent forced him to leave the family house. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his way of coping with his challenging existence. The defendant had told a evaluator that annually he looked for transactional encounters on his special day. His lawyers stated to the court he had arthritis triggered by the pressure of the initial proceedings.