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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his incarceration period increased to ten years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her bedroom in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s husband at the time, the husband, in an internet forum named “without her consent”, where the husband was looking for men to visit his house to assault his wife once he had drugged her into a comatose state.

We trust the court will declare that in this country, human rights are also women’s rights – that agreement is individual, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received personally and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his spouse and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a span of many years of their union.

Fifty other men were found convicted in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to rape the victim, after telling his wife he was going out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan 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 proceedings became a focus point for a larger conversation on societal attitudes in society as the defendant continued to claim he was innocent and had not engaged in violation, contending that because the victim's husband had invited him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning Dogan performed assault repeatedly over a duration of what investigators stated was 3.5 hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

Dogan stated to the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not assault. 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 manipulated by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I continued because he convinced me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that woman.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by crowds present to support her, said to the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you consent? At no time.”

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

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Guilt has not shifted. The community is perhaps in the midst of that, maybe propelled by the collective awareness resulting from the publication of your ordeal.”

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

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a woman, it’s an complete sordid cultural framework that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was violent and that Dogan began smoking cannabis aged ten. When Dogan 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 trafficking in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had frequent extramarital activities outside their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a evaluator that each year he looked for transactional encounters on his special day. His lawyers informed the court he had a medical condition resulting from the stress of the first trial.