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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and received his jail term extended to a decade.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, faced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where the husband was recruiting men to enter his residence to assault his wife once he had sedated her into a unconscious state.

We trust the jury will affirm that in this nation, human rights are also rights of women – that consent is individual, not delegated,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured directly and not via a representative from a spouse.”

Background

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault 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 guilty in a widely publicized trial last year, and the appellant was the only man to appeal against his sentence. He was originally handed a term to nine years in prison, a punishment enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then driven an hour from his village in Provence to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the hearing, stated to the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a larger conversation on rape culture in society as the defendant continued to assert he was not guilty and had not committed rape, stating that because the victim's husband had allowed him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a duration of what police said was 3.5 hours. The court official said she had been at danger of death by choking. The state prosecution said there was no question that she had been unconscious and had not consented.

Dogan's Claims

The defendant informed the court the footage were simply “intimate moments” and rejected it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that woman.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by onlookers assembled to support her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an unconscious woman. At what point did I give you agreement? Never.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the course of that, possibly motivated by the collective awareness resulting from the exposure of your case.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “As long as you deny it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that Dogan began consuming marijuana aged 10. When he was seventeen he was apprehended by police for selling narcotics and his father evicted him the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone 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 testimony revealed his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his way of coping with his stressful life. Dogan had informed a court psychologist that once a year he looked for commercial sex on his special day. His legal representatives stated to the court he had arthritis resulting from the pressure of the initial proceedings.