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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and received his prison sentence extended to ten years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a new trial this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her residence in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was seeking men to visit his house to assault his wife once he had sedated her into a deep sleep.

We expect the panel will declare that in this society, fundamental rights are also rights of women – that consent is individual, not given by another,” said the victim's lawyer, Antoine Camus. “Agreement is secured directly and not via a representative from a spouse.”

Context

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to twenty years in prison last year for sedating his then wife and inviting multiple perpetrators to rape her in her home in the town of Mazan over a duration of many years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his verdict. He was initially given a sentence to nine years in prison, a penalty enhanced on Thursday to ten years.

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

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his village in the region to rape the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the retrial, told the court that the accused had understood 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 without her consent.”

The proceedings became a focus point for a broader debate on societal attitudes in society as Dogan continued to say he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his conduct had been acceptable.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling the perpetrator performed assault on several occasions over a timeframe of what investigators stated was three and a half hours. The court official said she had been at peril of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

Dogan told the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that lady.”

Victim's Response

The victim, who was cheered upon leaving court each day by supporters present to stand with her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an incapacitated woman. When did I ever give you permission? Never.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “The shame remains. Society is maybe in the process of that, perhaps motivated by the societal understanding brought by the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie addressed the defendant: “While you reject it, it’s not just a woman, it’s an whole disturbing cultural framework that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began using drugs aged ten. When he was seventeen he was apprehended by police for drug trafficking and his father evicted him the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that each year he looked for transactional encounters on his special day. His lawyers informed the court he had a medical condition caused by the stress of the first trial.