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A man was convicted on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his jail term raised to 10 years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her home in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform named “without her consent”, where the husband was recruiting men to enter his residence to assault his wife once he had drugged her into a deep sleep.

“We hope the panel will declare that in this society, fundamental rights are also rights of women – that consent is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured personally and not through someone else from a spouse.”

Background

The ex-husband, a notorious sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for sedating his spouse and soliciting numerous individuals to rape her in her home in the community 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 sole individual to challenge his verdict. He was initially given a sentence to nine years in prison, a punishment enhanced on Thursday to ten years.

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

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the hearing, told the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a focus point for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the residence, his conduct had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a timeframe of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

Dogan told the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds present to support her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to assault an unaware woman. How could I have give you permission? At no time.”

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

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “The shame remains. The public is perhaps in the process of that, possibly propelled by the societal understanding brought by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “As long as you reject it, it’s not just a individual, it’s an complete disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The court heard that his parent was violent and that the defendant began consuming marijuana aged ten. When he was 17 he was apprehended by authorities for selling narcotics and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his way of coping with his stressful life. The defendant had informed a evaluator that each year he engaged in commercial sex on his special day. His legal representatives informed the court he had arthritis resulting from the anxiety of the original case.