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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his prison sentence extended to 10 years.

Appeal Trial

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

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to the victim's husband at the time, the husband, in an digital platform titled “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife once he had drugged her into a deep sleep.

“We hope the court will affirm that in this country, human rights are also rights of women – that agreement is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Permission is secured personally and not via a representative from a husband.”

Case History

The husband, one of the worst sexual predators in recent French history, was handed a sentence to two decades in prison last year for drugging his then wife and bringing in multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was originally sentenced to nine years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband graphic images and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been permissible.

The panel in the higher court was presented with video evidence of the victim's limp body, comatose and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a period of what police said was three and a half hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan informed the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that lady.”

Victim's Response

The survivor, who was supported upon leaving court each day by crowds gathered to back her, told the defendant in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. When did I ever give you permission? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is perhaps in the process of that, possibly motivated by the societal understanding spurred by the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a society based on agreement.”

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

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The evidence indicated that his parent was violent and that the defendant began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his parent kicked him out the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that once a year he sought paid sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the pressure of the initial proceedings.