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

Retrial Proceedings

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

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was seeking men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will affirm that in this society, human rights are also rights of women – that permission is individual, not transferred,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not by proxy from a husband.”

Context

The husband, one of the worst sexual predators in modern French history, was handed a sentence to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a period of nearly ten years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the only man to contest his conviction. He was first sentenced to 9 years in prison, a penalty raised on Thursday to a decade.

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

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

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

The courtroom became a focus point for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his actions had been permissible.

The jury in the higher court was displayed video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a smiling Dogan engaged in violation on several occasions over a duration of what investigators stated was several hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

Dogan told the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters gathered to stand with her, addressed Dogan in court: “You do not grasp. When will you acknowledge you raped me? It’s a crime to rape an unaware woman. How could I have give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The public is possibly in the course of that, possibly driven by the collective awareness spurred by the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor told the defendant: “While you reject it, it’s not just a woman, it’s an whole disturbing societal structure that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that Dogan began using drugs at the age of ten. When Dogan was 17 he was stopped by authorities for selling narcotics and his father evicted him the family house. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had told a evaluator that annually he sought paid sex on his birthday. His attorneys told the court he had arthritis triggered by the pressure of the initial proceedings.