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A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period raised to ten years.

Higher Court Case

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

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with the victim's husband at the time, the husband, in an online chatroom called “without her consent”, where the husband was recruiting men to enter his residence to rape his wife once he had drugged her into a unconscious state.

We trust the jury will declare that in this society, human rights are also rights of women – that agreement is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not through someone else from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his spouse and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the single defendant to challenge his verdict. He was first sentenced to 9 years in prison, a punishment increased on Thursday to a decade.

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

Courtroom Details

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

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the hearing, told the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her knowledge.”

The trial became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to claim he was not guilty and had not engaged in violation, contending that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling Dogan performed assault on several occasions over a timeframe of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that individual.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by crowds assembled to support her, said to Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to rape an unconscious woman. At what point did I give you permission? Not once.”

The victim, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The community is maybe in the course of that, maybe motivated by the public consciousness spurred by the publication of your ordeal.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told Dogan: “While you deny it, it’s not just a individual, it’s an complete unpleasant societal structure that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The court heard that his parent was violent and that the defendant 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 of home. He spent time in prison for drug dealing in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a mental health expert that annually he looked for transactional encounters on his birthday. His lawyers informed the court he had arthritis resulting from the stress of the first trial.