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An individual was declared guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her husband – and was given his jail term extended to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to the victim's spouse, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was seeking men to visit his house to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the court will say loud and clear that in this nation, human rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for incapacitating his then wife and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a span of almost a decade of their union.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the single defendant to contest his sentence. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly testify at the appeal trial, informed the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the residence, his actions had been acceptable.

The jury in the higher court was shown recorded footage of the victim's unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan performed assault on several occasions over a timeframe of what investigators stated was three and a half hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds gathered to back her, said to the defendant in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an unaware woman. When did I ever give you consent? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, possibly motivated by the public consciousness brought by the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a person, it’s an whole unpleasant cultural framework that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five moved to France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began using drugs aged ten. When he was 17 he was apprehended by authorities for selling narcotics and his parent forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had informed a evaluator that annually he engaged in commercial sex on his special day. His legal representatives informed the court he had a medical condition caused by the stress of the original case.