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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his prison sentence raised to ten years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, 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 court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife after he had drugged her into a deep sleep.

We expect the court will affirm that in this country, human rights are also women’s rights – that consent is personal, not given by another,” stated the victim's attorney, Antoine Camus. “Agreement is received directly and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for drugging his wife at the time and soliciting numerous individuals to rape her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to challenge his sentence. He was first given a sentence to 9 years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to assault the victim, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not perpetrated assault, contending that because the victim's husband had welcomed him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning Dogan performed assault on several occasions over a duration of what police said was several hours. The court official said she had been at peril of fatal outcome by choking. The state prosecution said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to back her, said to the defendant in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an unaware woman. At what point did I give you consent? Not once.”

The victim, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The community is maybe in the midst of that, maybe propelled by the collective awareness spurred by the publication of your situation.”

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

The prosecutor addressed Dogan: “While you deny it, it’s not just a person, it’s an whole unpleasant societal structure that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his father worked as a caretaker. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis aged ten. When he was 17 he was caught by authorities for drug trafficking and his parent kicked him out the family house. He served time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular intimate relations beyond their marriage. His defence said this was his way of coping with his stressful life. Dogan had stated to a court psychologist that annually he engaged in commercial sex on his special day. His lawyers informed the court he had a medical condition triggered by the anxiety of the original case.