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A defendant was convicted on retrial of sexually assaulting Gisele Pelicot after she was sedated by her husband – and was given his prison sentence raised to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of June 29, 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform called “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife once he had sedated her into a deep sleep.

“We hope the jury will declare that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” declared the victim's attorney, Antoine Camus. “Agreement is received personally and not by proxy from a husband.”

Context

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to two decades in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in Provence to rape the victim, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was shown visual proof of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault repeatedly over a timeframe of what police said was several hours. The court official said she had been at peril of fatal outcome by choking. The state's case said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

The defendant told the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he reassured me.”

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

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by onlookers assembled to support her, told the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to assault an unconscious woman. How could I have give you permission? Never.”

The victim, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, perhaps motivated by the societal understanding resulting from the revelation of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “While you deny it, it’s not just a woman, it’s an complete sordid societal structure that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of five moved to France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began using drugs aged 10. When he was 17 he was apprehended by authorities for drug trafficking and his father evicted him the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

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 evidence showed his wife did not know he had regular extramarital activities beyond their union. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a court psychologist that each year he looked for commercial sex on his special day. His lawyers stated to the court he had a medical condition triggered by the stress of the initial proceedings.