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An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his prison sentence raised to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in southern France in the early hours of 29 June 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum named “without her knowledge”, where the husband was recruiting men to enter his residence to assault his wife after he had drugged her into a comatose state.

We expect the court will say loud and clear that in this society, fundamental rights are also women’s rights – that permission is individual, not transferred,” said the victim's lawyer, Antoine Camus. “Permission is obtained directly and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in modern French history, was given a prison term to two decades in prison last year for incapacitating his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to rape the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a broader debate on sexual violence norms in society as Dogan continued to say 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 justifiable.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and denied it was rape. He said what he did was “an intimate behavior”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I proceeded because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by crowds gathered to support her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It is unlawful to assault an incapacitated woman. When did I ever give you permission? Never.”

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

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. Society is possibly in the midst of that, maybe driven by the societal understanding spurred by the exposure of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

Sie told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire sordid social system that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 moved to France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was stopped by police for selling narcotics and his father evicted him of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his way of coping with his challenging existence. Dogan had informed a mental health expert that once a year he looked for commercial sex on his birthday. His lawyers informed the court he had a medical condition resulting from the pressure of the initial proceedings.