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An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his jail term raised to ten years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum called “without her consent”, where the husband was looking for men to come to his home to rape his wife after he had rendered her unconscious into a comatose state.

We trust the jury will declare that in this country, human rights are also women’s rights – that permission is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received personally and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in modern French history, was handed a sentence to two decades in prison last year for sedating his then wife and inviting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his conviction. He was first handed a term to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a focus point for a wider discussion on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been permissible.

The jury in the higher court was displayed video evidence of the victim's limp body, unconscious and breathing heavily in a unconscious condition, while a grinning Dogan committed rape multiple times over a period of what investigators stated was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state's case said there was no doubt that she had been unaware and had not given permission.

Dogan's Claims

Dogan informed the court the recordings were simply “sexual encounters” and disputed it was rape. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters gathered to back her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It is unlawful to assault an incapacitated woman. When did I ever give you agreement? At no time.”

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

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, maybe motivated by the collective awareness brought by the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to Dogan: “While you deny it, it’s not just a woman, it’s an whole disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was violent and that Dogan began using drugs aged 10. When Dogan was 17 he was caught by authorities for dealing drugs and his father kicked him out the family house. He served time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his strategy for managing with his stressful life. Dogan had told a mental health expert that annually he engaged in commercial sex on his birthday. His attorneys informed the court he had joint inflammation triggered by the anxiety of the original case.