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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his incarceration period raised to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to visit his house to assault his wife once he had drugged her into a unconscious state.

We expect the panel will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is individual, not delegated,” declared the victim's lawyer, Antoine Camus. “Consent is received directly and not via a representative from a husband.”

Context

The husband, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his spouse and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband graphic images and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly give evidence at the hearing, informed the court that the accused had been aware his wife had been “drugged” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been acceptable.

The jury in the higher court was presented with video evidence of the victim's limp body, comatose and breathing heavily in a comatose state, while a smiling Dogan committed rape repeatedly over a period of what investigators stated was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by supporters gathered to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to rape an unaware woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The community is perhaps in the course of that, perhaps driven by the collective awareness brought by the revelation of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire disturbing cultural framework that you are upholding.”

Personal History

Dogan was born in Turkey and at the age of 5 moved to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was seventeen he was stopped by police for dealing drugs and his father kicked him out the residence. He served time in prison for trafficking in his twenties and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations outside their union. His legal team said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that each year he looked for paid sex on his special day. His lawyers stated to the court he had arthritis resulting from the stress of the initial proceedings.