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A defendant was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his prison sentence raised to ten years.

Retrial Proceedings

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

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s spouse, the husband, in an internet forum titled “without her knowledge”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

“We hope the court will declare that in this nation, human rights are also women’s rights – that agreement is personal, not given by another,” said the victim's lawyer, her legal representative. “Consent is received directly and not through someone else from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for drugging his then wife and bringing in numerous individuals to rape her in her home in the town of Mazan over a duration of almost a decade of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the single defendant to contest his sentence. He was originally handed a term to 9 years in prison, a sentence increased on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The courtroom became a key topic for a wider discussion on societal attitudes in society as Dogan continued to claim he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a period of what police said was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

The defendant told the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

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

Survivor's Statement

The victim, who was cheered upon leaving court each day by onlookers assembled to back her, addressed the defendant in court: “You haven’t understood. When will you admit you violated me? It’s a crime to assault an unconscious woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “The shame remains. The public is possibly in the midst of that, possibly propelled by the public consciousness spurred by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie said to Dogan: “While you deny it, it’s not just a woman, it’s an complete sordid social system that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to France, where his father worked as a building manager. The testimony revealed that his father was violent and that Dogan began smoking cannabis aged 10. When he was 17 he was caught by police for dealing drugs and his parent evicted him the family house. He served time in prison for drug dealing in his twenties and had worked as a builder but had faced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had informed a evaluator that once a year he engaged in paid sex on his birthday. His lawyers stated to the court he had a medical condition triggered by the anxiety of the initial proceedings.