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A defendant was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and was given his prison sentence extended to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife after he had drugged her into a unconscious state.

We trust the jury will declare that in this nation, fundamental rights are also rights of women – that permission is individual, not delegated,” declared the victim's attorney, her legal representative. “Consent is obtained personally and not via a representative from a spouse.”

Background

The husband, one of the worst sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his wife at the time and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the single defendant to contest his sentence. He was originally sentenced to nine years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to assault the victim, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as Dogan continued to assert he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been permissible.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a grinning Dogan performed assault repeatedly over a duration of what police said was several hours. The court official said she had been at danger of death by choking. The prosecution said there was no question that she had been unconscious and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to harm that lady.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by onlookers gathered to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you agreement? Never.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to the victim 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 collective awareness spurred by the exposure of your ordeal.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still widespread 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.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a person, it’s an complete unpleasant social system that you are endorsing.”

Personal History

Dogan was born in Turkey and at the age of five came to France, where his father worked as a concierge. The court heard that his father was violent and that Dogan began using drugs at the age of ten. When he was 17 he was stopped by authorities for drug trafficking and his parent kicked him out of home. He served time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that annually he engaged in paid sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the stress of the initial proceedings.