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An individual was convicted on higher court review of raping Gisèle Pelicot following she was sedated by her spouse – and was given his jail term raised to 10 years.

Higher Court Case

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

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, made contact with the victim's spouse, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was looking for men to enter his residence to assault his wife after he had sedated her into a comatose state.

We trust the court will declare that in this country, fundamental rights are also rights of women – that consent is personal, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured personally and not by proxy from a husband.”

Background

The husband, among the most severe sex offenders in modern 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 almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the retrial, informed the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a wider discussion on societal attitudes in society as the defendant continued to assert he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been acceptable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a deep sleep, while a grinning Dogan performed assault repeatedly over a period of what authorities reported was several hours. The presiding judge said she had been at risk of death by suffocation. The state's case said there was no question that she had been incapacitated and had not consented.

Dogan's Claims

Dogan told the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan stated to the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers assembled to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to assault an unconscious woman. When did I ever give you consent? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is perhaps in the midst of that, maybe motivated by the societal understanding resulting from the exposure of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “While you deny it, it’s not just a woman, it’s an entire unpleasant societal structure that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his father was violent and that Dogan began using drugs at the age of 10. When he was seventeen he was caught by police for selling narcotics and his father forced him to leave of home. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated intimate relations beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a court psychologist that once a year he sought transactional encounters on his special day. His attorneys stated to the court he had joint inflammation caused by the pressure of the original case.