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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his incarceration period increased to ten years.

Higher Court Case

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 panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a deep sleep.

We expect the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not transferred,” stated the victim's attorney, her legal representative. “Permission is obtained directly and not through someone else from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a period of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to challenge his verdict. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his town in Provence to rape the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a duration of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that woman.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by onlookers present to support her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an unaware woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the course of that, maybe motivated by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an entire disturbing cultural framework that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of five came to France, where his father worked as a concierge. The court heard that his parent was violent and that the defendant began consuming marijuana aged 10. When Dogan was 17 he was caught by authorities for drug trafficking and his parent evicted him of home. He served time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. The defendant had stated to a evaluator that each year he looked for commercial sex on his special day. His attorneys informed the court he had joint inflammation triggered by the pressure of the initial proceedings.