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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and has had his jail term extended to ten years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

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

The testimony revealed that the accused, a married father, connected with the victim's spouse, the husband, in an digital platform called “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife after he had sedated her into a deep sleep.

We expect the jury will declare that in this society, human rights are also women’s rights – that permission is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Consent is obtained personally and not through someone else from a husband.”

Background

The husband, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for drugging his wife at the time and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the only man to contest his conviction. He was initially handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the retrial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to say he was innocent and had not committed rape, contending that because the victim's husband had invited him into the room, his actions had been permissible.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a grinning the perpetrator committed rape on several occasions over a duration of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by crowds present to back her, told the defendant in court: “You do not grasp. When will you admit you raped me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Never.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the course of that, maybe driven by the public consciousness resulting from the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a individual, it’s an entire sordid social system that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of five moved to France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis aged ten. When he was 17 he was apprehended 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 construction worker but had faced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that once a year he looked for transactional encounters on his birthday. His attorneys stated to the court he had arthritis caused by the anxiety of the first trial.