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A man was convicted on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period raised to a decade.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where Pelicot was recruiting men to enter his residence to assault his wife after he had sedated her into a comatose state.

“We hope the court will declare that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Agreement is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his spouse and soliciting dozens of men to rape her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his sentence. He was originally handed a term to nine years in prison, a penalty increased on Thursday to ten years.

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

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the hearing, informed the court that Dogan had understood his wife had been “sedated” 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 consent.”

The courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to claim he was innocent and had not committed rape, stating that because the victim's husband had invited him into the residence, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a grinning Dogan performed assault multiple times over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state's case said there was no question that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the footage were simply “intimate moments” and denied it was violation. 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 invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he convinced me.”

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

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by supporters gathered to stand with her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Not once.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's failure to take responsibility showed that: “The shame remains. Society is possibly in the process of that, perhaps propelled by the collective awareness brought by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “While you refuse to admit it, it’s not just a individual, it’s an whole disturbing societal structure that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of five came to France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was stopped by police for dealing drugs and his parent forced him to leave the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that each year he looked for paid sex on his birthday. His lawyers informed the court he had joint inflammation resulting from the anxiety of the original case.