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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his incarceration period raised to a decade.

Higher Court Case

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

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her consent”, where Pelicot was seeking men to come to his home to rape his wife once he had sedated her into a unconscious state.

We expect the jury will say loud and clear that in this society, human rights are also rights of women – that consent is personal, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not through someone else from a spouse.”

Context

The husband, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his then wife and soliciting numerous individuals to rape her in her home in the town of Mazan over a span of many years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the only man to challenge his verdict. He was originally sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the court heard.

The ex-husband, who was brought from isolation in prison to briefly testify at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as Dogan continued to claim he was not guilty and had not perpetrated assault, stating that because the victim's husband had invited him into the bedroom, his conduct had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling Dogan performed assault repeatedly over a period of what investigators stated was several hours. The judge said she had been at peril of fatal outcome by suffocation. The prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that individual.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by supporters present to support her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an unconscious woman. How could I have give you agreement? Not once.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is maybe in the midst of that, maybe propelled by the societal understanding spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie told Dogan: “As long as you reject it, it’s not just a individual, it’s an entire unpleasant societal structure that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of five relocated to France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his father kicked him out the family house. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had stated to a court psychologist that once a year he looked for transactional encounters on his birthday. His lawyers told the court he had arthritis resulting from the stress of the original case.