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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and received his incarceration period increased to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an online chatroom called “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife after he had drugged her into a unconscious state.

We expect the court will say loud and clear that in this society, human rights are also rights of women – that permission is personal, not given by another,” said the victim's lawyer, Antoine Camus. “Consent is secured directly and not through someone else from a spouse.”

Case History

The ex-husband, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to rape her in her home in the town of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the only man to contest his verdict. He was first sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband graphic images and then traveled an hour from his residence in Provence to rape the victim, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to assert he was not guilty and had not engaged in violation, contending that because the victim's husband had allowed him into the residence, his behavior had been permissible.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a period of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan informed the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by crowds gathered to stand with her, addressed the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you permission? Never.”

The victim, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the process of that, perhaps propelled by the societal understanding spurred by the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread 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 said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete disturbing cultural framework that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that the defendant began using drugs at the age of 10. When he was 17 he was caught by authorities for dealing drugs and his parent evicted him the residence. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of being unhoused.

He was married and had a child 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 repeated extramarital activities outside their union. His legal team said this was his way of coping with his challenging existence. Dogan had informed a evaluator that once a year he engaged in commercial sex on his birthday. His attorneys informed the court he had joint inflammation resulting from the stress of the first trial.