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An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and was given his jail term extended to 10 years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife once he had sedated her into a unconscious state.

“We hope the jury will declare that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” said the victim's lawyer, her legal representative. “Consent is received directly and not through someone else from a husband.”

Context

The ex-husband, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his verdict. He was first sentenced to 9 years in prison, a punishment raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to assault 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 the defendant continued to claim he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been acceptable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a comatose state, while a grinning the perpetrator performed assault repeatedly over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of death by choking. The state's case said there was no doubt that she had been unconscious and had not agreed.

Dogan's Claims

The defendant stated to the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I proceeded because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is possibly in the process of that, possibly driven by the public consciousness resulting from the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “While you deny it, it’s not just a individual, it’s an complete disturbing social system that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The court heard that his parent was violent and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his parent evicted him of home. He spent time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a court psychologist that once a year he looked for transactional encounters on his special day. His lawyers informed the court he had a medical condition triggered by the stress of the initial proceedings.