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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and has had his prison sentence increased to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a retrial this week at the higher court in Nîmes.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of June 29, 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

We trust the jury will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for incapacitating his then wife and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was originally sentenced to nine years in prison, a penalty raised on Thursday to ten years.

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

Courtroom Details

Dogan had initially sent the husband graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

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

The courtroom became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, stating that because the victim's husband had allowed him into the residence, his conduct had been justifiable.

The jury in the higher court was displayed recorded footage of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a duration of what police said was several hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan told the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that individual.”

Victim's Response

The victim, who was cheered upon leaving court each day by onlookers present to stand with her, said to the defendant in court: “You haven’t understood. When will you admit you violated me? It is illegal to rape an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, possibly propelled by the collective awareness resulting from the exposure of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant societal structure that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his father was violent and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was caught by authorities for dealing drugs and his parent forced him to leave the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his spouse did not know he had frequent extramarital activities outside their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a evaluator that each year he engaged in commercial sex on his special day. His legal representatives told the court he had a medical condition triggered by the stress of the first trial.