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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and received his incarceration period increased to a decade.

Retrial Proceedings

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

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, reached out to the victim's husband at the time, the husband, in an online chatroom titled “without her consent”, where Pelicot was looking for men to visit his house to assault his wife once he had rendered her unconscious into a unconscious state.

We expect the jury will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found culpable in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was first sentenced to nine years in prison, a punishment raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly testify at the appeal trial, told the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a central issue for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, stating that because the victim's husband had invited him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation repeatedly over a period of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of death by suffocation. The state prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant informed the court the footage were simply “sex scenes” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers gathered to back her, said to Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to assault an incapacitated woman. At what point did I give you consent? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. Society is possibly in the midst of that, maybe driven by the public consciousness resulting from the publication of your situation.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a woman, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his parent worked as a caretaker. The court heard that his parent was abusive and that Dogan began using drugs aged ten. When he was seventeen he was stopped by authorities for drug trafficking and his father forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was wed and had a child 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 frequent extramarital activities outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a court psychologist that annually he looked for paid sex on his special day. His attorneys informed the court he had joint inflammation caused by the pressure of the initial proceedings.