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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his jail term raised to 10 years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform named “unbeknownst to her”, where the husband was looking for men to visit his house to assault his wife after he had sedated her into a unconscious state.

We expect the panel will declare that in this society, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared the victim's lawyer, her legal representative. “Consent is received directly and not via a representative from a husband.”

Background

The ex-husband, a notorious sexual predators in recent French history, was given a prison term to 20 years in prison last year for drugging his spouse and bringing in dozens of men to rape her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was initially given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband graphic images and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of the victim's unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a duration of what authorities reported was 3.5 hours. The judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan told the court the footage were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to stand with her, told Dogan in court: “You do not grasp. When will you admit you raped me? It is unlawful to assault an unconscious woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, perhaps propelled by the collective awareness brought by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “While you deny it, it’s not just a woman, it’s an entire disturbing societal structure that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began using drugs aged 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his parent forced him to leave the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated extramarital activities outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that each year he engaged in transactional encounters on his birthday. His attorneys informed the court he had arthritis resulting from the pressure of the initial proceedings.