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An individual was convicted on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence increased to ten years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed 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, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was looking for men to enter his residence to rape his wife once he had sedated her into a comatose state.

We trust the court will declare that in this nation, fundamental rights are also rights of women – that permission is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Consent is received personally and not via a representative from a husband.”

Context

The ex-husband, one of the worst sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his then wife and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the single defendant to contest his sentence. He was first handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his village in the region to rape the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily provide testimony at the hearing, informed the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not perpetrated assault, stating that because the victim's husband had welcomed him into the room, his actions had been acceptable.

The jury in the Nîmes appeals court was presented with video evidence of the victim's limp body, comatose and breathing heavily in a deep sleep, while a smiling the perpetrator performed assault repeatedly over a period of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to harm that individual.”

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by onlookers present to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Not once.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The public is possibly in the process of that, maybe driven by the collective awareness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole unpleasant cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to France, where his father worked as a building manager. The testimony revealed that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his father kicked him out of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated intimate relations outside their union. His defence said this was his way of coping with his stressful life. The defendant had told a court psychologist that each year he engaged in commercial sex on his special day. His attorneys stated to the court he had joint inflammation resulting from the stress of the first trial.