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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his jail term extended to ten years.

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury 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 morning of 29 June 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will affirm that in this nation, fundamental rights are also rights of women – that permission is individual, not given by another,” said the victim's lawyer, her legal representative. “Permission is received directly and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for sedating his then wife and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and Dogan was the single defendant to challenge his verdict. He was originally given a sentence to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly provide testimony at the appeal trial, 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 assault my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator engaged in violation multiple times over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to support her, told Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to rape an unaware woman. How could I have give you permission? Never.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The public is possibly in the midst of that, perhaps propelled by the societal understanding resulting from the exposure 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 ethos of permission.”

Sie told Dogan: “For as much as you reject it, it’s not just a person, it’s an whole sordid cultural framework that you are upholding.”

Biographical Details

The accused was born in Turkey and at the age of 5 relocated to France, where his father worked as a caretaker. The court heard that his father was abusive and that the defendant began smoking cannabis at the age of 10. When Dogan was 17 he was apprehended by authorities for dealing drugs and his parent forced him to leave the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had repeated sexual encounters beyond their union. His legal team said this was his way of coping with his challenging existence. The defendant had stated to a mental health expert that annually he looked for transactional encounters on his special day. His lawyers stated to the court he had a medical condition triggered by the stress of the first trial.