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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his jail term increased to a decade.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of June 29, 2019.

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was seeking men to come to his home to assault his wife once he had sedated her into a unconscious state.

We trust the jury will affirm that in this country, human rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is obtained directly and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the community of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the single defendant to appeal against his sentence. He was initially handed a term to nine years in prison, a punishment raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly give evidence at the hearing, informed the court that the accused had known his wife had been “incapacitated” 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 central issue for a larger conversation on societal attitudes in society as the defendant continued to assert he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his actions 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 comatose state, while a grinning Dogan committed rape repeatedly over a duration of what investigators stated was several hours. The presiding judge said she had been at risk of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that individual.”

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers assembled to support her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to rape an unaware woman. How could I have give you permission? Never.”

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

State's Argument

Sie, speaking to the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. The public is possibly in the course of that, possibly propelled by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “While you reject it, it’s not just a woman, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a caretaker. The court heard that his father was aggressive and that Dogan began consuming marijuana aged 10. When he was 17 he was caught by authorities for selling narcotics and his father evicted him the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his spouse did not know he had regular sexual encounters outside their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had told a evaluator that annually he looked for paid sex on his special day. His attorneys informed the court he had arthritis caused by the anxiety of the original case.