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An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence extended to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

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

The court heard that Dogan, a family man, made contact with the victim's husband at the time, the husband, in an internet forum called “without her consent”, where the husband was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

We expect the panel will declare that in this country, human rights are also women’s rights – that agreement is personal, not delegated,” said the victim's lawyer, Antoine Camus. “Permission is obtained personally and not by proxy from a husband.”

Case History

Dominique Pelicot, one of the worst sex offenders in modern French history, was given a prison term to twenty years in prison last year for drugging his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally sentenced to 9 years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the retrial, stated to the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

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

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s limp body, comatose and snoring in a deep sleep, while a smiling the perpetrator performed assault multiple times over a duration of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by choking. The state's case said there was no question that she had been incapacitated and had not consented.

Accused's Testimony

The defendant told the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan told the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that lady.”

Victim's Response

The survivor, who was applauded upon leaving court each day by supporters gathered to stand with her, told the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. At what point did I give you permission? Not once.”

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

State's Argument

Sie, speaking to the victim in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The community is maybe in the midst of that, perhaps propelled by the collective awareness spurred by the revelation of your ordeal.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change rape culture to a culture of consent.”

Sie told Dogan: “While you refuse to admit it, it’s not just a person, it’s an entire disturbing cultural framework that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was apprehended by police for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent intimate relations outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a evaluator that each year he looked for commercial sex on his special day. His legal representatives stated to the court he had joint inflammation resulting from the anxiety of the initial proceedings.