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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and has had his prison sentence raised to a decade.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a family man, made contact with the victim's husband at the time, the husband, in an online chatroom called “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had drugged her into a deep sleep.

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

Context

The husband, a notorious sex offenders in modern French history, was given a prison term to twenty years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and Dogan was the only man to challenge his conviction. He was initially sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the retrial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been acceptable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a duration of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan informed the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers present to support her, addressed Dogan in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to assault an unaware woman. When did I ever give you consent? At no time.”

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

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The community is perhaps in the process of that, perhaps driven by the public consciousness spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

Sie told Dogan: “While you reject it, it’s not just a person, it’s an complete sordid social system that you are upholding.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his parent was abusive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was stopped by authorities for drug trafficking and his father forced him to leave the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had regular sexual encounters beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a mental health expert that each year he engaged in paid sex on his birthday. His legal representatives told the court he had joint inflammation caused by the pressure of the first trial.