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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and received his jail term raised to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had drugged her into a deep sleep.

We expect the court will declare that in this country, fundamental rights are also rights of women – that agreement is personal, not transferred,” stated the victim's lawyer, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Background

The ex-husband, one of the worst sexual predators in recent French history, was handed a sentence to 20 years in prison last year for drugging his spouse and inviting dozens of men to sexually assault her in her home in the town of Mazan over a period of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the single defendant to appeal against his sentence. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to a decade.

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

Courtroom Details

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to assault the victim, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily testify at the hearing, stated to the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I want someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not perpetrated assault, contending that because the victim's husband had invited him into the residence, his conduct had been permissible.

The jury in the higher court was displayed visual proof of the victim's unconscious figure, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a period of what investigators stated was three and a half hours. The judge said she had been at peril of death by suffocation. The prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

The defendant told 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 stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that individual.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by supporters assembled to back her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an unconscious woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the process of that, possibly driven by the public consciousness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie told the defendant: “While you reject it, it’s not just a individual, it’s an entire disturbing social system that you are supporting.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a building manager. The court heard that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was apprehended by authorities for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent intimate relations outside their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that annually he engaged in commercial sex on his special day. His lawyers told the court he had a medical condition resulting from the anxiety of the initial proceedings.