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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and received his incarceration period increased to 10 years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the higher court in Nîmes.

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

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was looking for men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the panel will say loud and clear that in this country, fundamental rights are also women’s rights – that consent is personal, not transferred,” stated the victim's lawyer, Antoine Camus. “Consent is obtained directly and not by proxy from a husband.”

Background

The ex-husband, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a high-profile trial last year, and Dogan was the single defendant to challenge his sentence. He was originally handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a broader debate on societal attitudes in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because the victim's husband had allowed him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, unconscious and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant informed the court the videos 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 house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that individual.”

Victim's Response

The victim, who was cheered upon departing the trial each day by supporters gathered to stand with her, told Dogan 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 agreement? At no time.”

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

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is possibly in the course of that, possibly driven by the public consciousness spurred by the publication of your ordeal.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a woman, it’s an entire sordid social system that you are upholding.”

Personal History

The accused was born in Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began smoking cannabis at the age of 10. When he was seventeen he was caught by authorities for dealing drugs and his parent evicted him the residence. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had frequent extramarital activities outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that once a year he looked for paid sex on his special day. His legal representatives informed the court he had a medical condition triggered by the anxiety of the initial proceedings.