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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and was given his prison sentence raised to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “unbeknownst to her”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the court will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is received personally and not by proxy from a spouse.”

Context

The husband, a notorious sex offenders in modern French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a period of many years of their union.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the sole individual to challenge his conviction. He was initially given a sentence to 9 years in prison, a punishment raised on Thursday to 10 years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a central issue for a wider discussion on societal attitudes in society as the defendant continued to claim he was innocent and had not committed rape, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation on several occasions over a timeframe of what authorities reported was three and a half hours. The presiding judge said she had been at peril of death by asphyxiation. The prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

Dogan informed the court the videos were simply “sex scenes” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was manipulated by the husband. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that individual.”

Pelicot's Words

The survivor, who was cheered upon leaving court each day by crowds assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? Not once.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is possibly in the midst of that, possibly motivated by the societal understanding resulting from the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “As long as you deny it, it’s not just a woman, it’s an entire sordid social system that you are supporting.”

Personal History

The accused was born in Turkey and at the age of 5 moved to France, where his father worked as a building manager. The court heard that his father was violent and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his parent forced him to leave the residence. He spent time in prison for trafficking in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a child with Down’s syndrome, 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 intimate relations outside their union. His legal team said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that each year he sought paid sex on his birthday. His legal representatives told the court he had joint inflammation caused by the anxiety of the original case.