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

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

We expect the court will affirm that in this nation, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is secured personally and not by proxy from a spouse.”

Context

The husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for drugging his then wife and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was first given a sentence to nine years in prison, a sentence enhanced on Thursday to ten years.

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

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the retrial, stated to the court that the accused had known his wife had been “drugged” and he communicated to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on societal attitudes in society as Dogan continued to claim he was blameless and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been permissible.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a smiling Dogan performed assault multiple times over a duration of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by suffocation. The state's case said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant told the court the footage were simply “sexual encounters” and denied 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 invited him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he convinced me.”

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

Victim's Response

The survivor, who was applauded upon departing the trial each day by crowds present to stand with her, said to Dogan in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to assault an unaware woman. How could I have give you consent? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. The community is possibly in the process of that, maybe motivated by the public consciousness resulting from the publication of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “While you deny it, it’s not just a woman, it’s an entire unpleasant social system that you are endorsing.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his father was abusive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was apprehended by police for dealing drugs and his father forced him to leave the family house. He served time in prison for drug dealing 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 primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had regular intimate relations beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that annually he sought transactional encounters on his birthday. His legal representatives informed the court he had arthritis triggered by the stress of the original case.