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A defendant has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his jail term increased to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her residence in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's then husband, the husband, in an digital platform called “unbeknownst to her”, where Pelicot was looking for men to visit his house to rape his wife once he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this country, human rights are also rights of women – that permission is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Background

The ex-husband, a notorious sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his wife at the time and bringing in numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his sentence. He was initially sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as Dogan continued to claim he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the bedroom, his actions had been permissible.

The panel in the higher court was shown recorded footage of the victim's limp body, sedated and breathing heavily in a comatose state, while a smiling Dogan engaged in violation on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at danger of death by choking. The state's case said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I continued because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers gathered to stand with her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to rape an unconscious woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. Society is maybe in the course of that, perhaps motivated by the public consciousness brought by the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a person, it’s an complete unpleasant societal structure that you are upholding.”

Personal History

The accused was born in the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was apprehended by police for selling narcotics and his father kicked him out the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had undergone periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. The defendant had stated to a mental health expert that once a year he engaged in paid sex on his birthday. His lawyers told the court he had arthritis triggered by the anxiety of the first trial.