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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his incarceration period increased to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's then husband, the husband, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to assault his wife after he had sedated her into a comatose state.

We trust the court will declare that in this society, fundamental rights are also women’s rights – that agreement is personal, not delegated,” declared the victim's attorney, Antoine Camus. “Consent is received directly and not via a representative from a spouse.”

Background

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to 20 years in prison last year for sedating his then wife and bringing in dozens of men to rape her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was first handed a term to nine years in prison, a sentence raised on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after telling his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the hearing, told the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to claim he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been permissible.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a period of what authorities reported was several hours. The court official said she had been at danger of death by suffocation. The 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 “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused told the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that woman.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by crowds present to back her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to assault an unaware woman. When did I ever give you permission? Not once.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the course of that, maybe driven by the collective awareness brought by the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a person, it’s an complete disturbing social system that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a concierge. The court heard that his father was aggressive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was apprehended by authorities for selling narcotics and his father kicked him out the family house. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated intimate relations outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that once a year he engaged in paid sex on his special day. His lawyers told the court he had joint inflammation caused by the stress of the first trial.