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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his incarceration period increased to ten years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her consent”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a unconscious state.

“We hope the jury will affirm that in this society, fundamental rights are also rights of women – that agreement is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not through someone else from a spouse.”

Context

The husband, among the most severe sex offenders in recent French history, was sentenced to twenty years in prison last year for drugging his then wife and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a span of many years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to contest his conviction. He was first handed a term to nine years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had first sent the husband graphic images and then driven an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was brought from isolation in prison to briefly testify at the retrial, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to assert he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a unconscious condition, while a smiling Dogan committed rape on several occasions over a period of what police said was several hours. The judge said she had been at risk of fatal outcome by choking. The state's case said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I continued because he persuaded me.”

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

Pelicot's Words

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers assembled to stand with her, said to Dogan in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to assault an unaware woman. When did I ever give you agreement? At no time.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. Society is maybe in the midst of that, perhaps driven by the collective awareness brought by the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an complete disturbing social system that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his parent was abusive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his father evicted him of home. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The court heard his wife did not know he had regular extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that annually he engaged in paid sex on his birthday. His lawyers informed the court he had arthritis resulting from the anxiety of the initial proceedings.