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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his incarceration period extended to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A jury of four women and five men, accompanied by three judges, convicted 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 testimony revealed that Dogan, a married father, connected with the victim's then husband, the husband, in an online chatroom titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife once he had drugged her into a deep sleep.

“We hope the court will declare that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” said the victim's attorney, Antoine Camus. “Agreement is secured personally and not via a representative from a husband.”

Background

The ex-husband, among the most severe sexual predators in France's contemporary records, was handed a sentence to twenty years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to rape her in her home in the town of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was originally handed a term to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his residence in Provence to rape the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly give evidence at the appeal trial, informed the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the room, his behavior had been permissible.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning Dogan committed rape repeatedly over a timeframe of what authorities reported was three and a half hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by supporters present to support her, said to Dogan in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to rape an unaware woman. When did I ever give you consent? Never.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, maybe driven by the public consciousness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a person, it’s an entire sordid cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When he was 17 he was caught by police for selling narcotics and his parent forced him to leave the residence. He spent time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated sexual encounters outside their union. His defence said this was his way of coping with his stressful life. Dogan had stated to a mental health expert that each year he looked for commercial sex on his birthday. His attorneys stated to the court he had arthritis triggered by the pressure of the first trial.