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A man was convicted on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence extended to 10 years.

Retrial Proceedings

The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the higher court in Nîmes.

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The court heard that the accused, a family man, reached out to the victim's spouse, the husband, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to come to his home to assault his wife once he had sedated her into a comatose state.

We expect the court will declare that in this nation, human rights are also women’s rights – that permission is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not via a representative from a husband.”

Background

The ex-husband, one of the worst sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the only man to appeal against his sentence. He was initially handed a term to nine years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was brought from segregation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been permissible.

The panel in the higher court was shown visual proof of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape multiple times over a duration of what investigators stated was several hours. The presiding judge said she had been at peril of death by suffocation. The state prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

The defendant informed the court the videos were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I proceeded because he reassured me.”

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

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by crowds present to back her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It’s a crime to rape an unaware woman. When did I ever give you consent? Not once.”

The victim, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The public is maybe in the course of that, perhaps motivated by the public consciousness brought by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed Dogan: “For as much as you reject it, it’s not just a woman, it’s an entire sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was violent and that the defendant began using drugs aged ten. When Dogan was 17 he was stopped by authorities for drug trafficking and his parent kicked him out the family house. He served time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular sexual encounters beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had informed a court psychologist that once a year he sought transactional encounters on his birthday. His lawyers stated to the court he had a medical condition caused by the pressure of the initial proceedings.