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An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and received his incarceration period raised to 10 years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the early hours of 29 June 2019.

The court heard that Dogan, a family man, reached out to the victim's then husband, the husband, in an online chatroom named “without her consent”, where Pelicot was recruiting men to visit his house to assault his wife after he had drugged her into a unconscious state.

“We hope the court will declare that in this country, fundamental rights are also women’s rights – that permission is personal, not delegated,” declared the victim's lawyer, her legal representative. “Permission is secured personally and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for sedating his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and the appellant was the only man to challenge his conviction. He was originally sentenced to 9 years in prison, a punishment increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was stepping 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 been aware his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the room, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a period of what police said was several hours. The court official said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not consented.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters assembled to stand with her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It is illegal to assault an unaware woman. How could I have give you permission? 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: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. The community is possibly in the midst of that, possibly motivated by the societal understanding spurred by the exposure of your case.”

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

The prosecutor told the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an complete unpleasant social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was seventeen he was caught by police for selling narcotics and his parent evicted him the residence. He served time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated sexual encounters outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that each year he engaged in paid sex on his birthday. His lawyers told the court he had arthritis resulting from the anxiety of the initial proceedings.