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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and has had his jail term raised to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with the victim's then husband, the husband, in an online chatroom called “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife after he had sedated her into a deep sleep.

We trust the court will affirm that in this society, fundamental rights are also rights of women – that consent is personal, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not by proxy from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to twenty years in prison last year for sedating his spouse and soliciting dozens of men to rape her in her home in the community of the village of Mazan over a span 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 sole individual to challenge his verdict. He was originally handed a term to 9 years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent the husband graphic images and then traveled an hour from his town in the region to assault the victim, after informing his wife he was going out, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the retrial, informed the court that the accused had been aware his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was presented with video evidence of the victim's unresponsive form, comatose and snoring in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he convinced me.”

Inquired 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 applauded upon departing the trial each day by supporters present to support her, said to the defendant in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an unaware woman. When did I ever give you agreement? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is possibly in the course of that, perhaps propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to Dogan: “For as much as you reject it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that Dogan began using drugs at the age of ten. When he was seventeen he was stopped by authorities for dealing drugs and his parent evicted him the family house. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a son with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities beyond their union. His legal team said this was his method of dealing with his difficult circumstances. The defendant had told a mental health expert that once a year he looked for paid sex on his birthday. His legal representatives stated to the court he had a medical condition resulting from the anxiety of the first trial.