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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his incarceration period raised to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping Pelicot in her home in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an digital platform called “without her knowledge”, where the husband was seeking men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will declare that in this society, human rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in recent French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the single defendant to appeal against his verdict. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to a decade.

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

Evidence Presented

Dogan had first sent the husband inappropriate pictures and then driven an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the retrial, stated to the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was blameless and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's limp body, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault repeatedly over a duration of what authorities reported was several hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told 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 harm that lady.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by supporters present to support her, said to Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to assault an unconscious woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, possibly driven by the collective awareness spurred by the publication of your case.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still common in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an entire disturbing cultural framework that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The court heard that his parent was abusive and that the defendant began smoking cannabis aged ten. When he was seventeen he was caught by police for dealing drugs and his parent forced him to leave the family house. He served time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that each year he sought commercial sex on his birthday. His lawyers told the court he had a medical condition caused by the anxiety of the original case.