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A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and received his incarceration period extended to 10 years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with the victim's spouse, the husband, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We expect the jury will say loud and clear that in this society, fundamental rights are also rights of women – that consent is personal, not given by another,” declared the victim's attorney, Antoine Camus. “Consent is secured personally and not through someone else from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for drugging his wife at the time and soliciting dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their union.

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

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband graphic images and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been acceptable.

The panel in the higher court was shown visual proof of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

Dogan told the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed 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 carried on because he persuaded me.”

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

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers gathered to stand with her, said to the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to assault an unconscious woman. When did I ever give you permission? Never.”

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

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, possibly driven by the societal understanding brought by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative 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 entire sordid societal structure that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a building manager. The court heard that his father was violent and that Dogan began using drugs aged 10. When Dogan was seventeen he was stopped by police for selling narcotics and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was married and had a son with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities outside their marriage. His defence said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that once a year he looked for commercial sex on his birthday. His lawyers stated to the court he had arthritis caused by the pressure of the initial proceedings.