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A man was convicted on appeal of sexually assaulting Gisèle Pelicot following she was rendered comatose by her then-husband – and received his jail term raised to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife once he had drugged her into a comatose state.

We trust the panel will affirm that in this society, human rights are also women’s rights – that consent is individual, not transferred,” said the victim's attorney, Antoine Camus. “Agreement is secured personally and not through someone else from a husband.”

Context

The ex-husband, a notorious sexual predators in recent French history, was handed a sentence to twenty years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the Provence village of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the single defendant to appeal against his conviction. He was initially given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

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

Courtroom Details

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the retrial, informed the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been justifiable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault multiple times over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to hurt that woman.”

Survivor's Statement

The victim, who was applauded upon exiting the courtroom each day by supporters assembled to support her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an unaware woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “The shame remains. The community is perhaps in the process of that, possibly propelled by the societal understanding brought by the exposure of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The testimony revealed that his father was violent and that the defendant began using drugs aged ten. When he was 17 he was caught by police for dealing drugs and his parent kicked him out the family house. He spent time in prison for narcotics offenses 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 special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a court psychologist that once a year he sought commercial sex on his birthday. His attorneys informed the court he had a medical condition resulting from the pressure of the initial proceedings.