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A man was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and received his incarceration period increased to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had contested his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where the husband was seeking men to come to his home to assault his wife once he had rendered her unconscious into a deep sleep.

We expect the jury will declare that in this society, human rights are also women’s rights – that agreement is individual, not given by another,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a husband.”

Background

The ex-husband, among the most severe sex offenders in recent French history, was given a prison term to twenty years in prison last year for drugging his wife at the time and soliciting dozens of men to rape her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the only man to appeal against his verdict. He was initially handed a term to nine years in prison, a sentence raised on Thursday to a decade.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

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

The courtroom became a central issue for a larger conversation on societal attitudes in society as Dogan continued to assert he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a grinning Dogan engaged in violation multiple times over a period of what police said was 3.5 hours. The judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not assault. 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 permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that lady.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by onlookers assembled to back her, said to Dogan in court: “You do not grasp. When will you admit you raped me? It’s a crime to assault an unconscious woman. How could I have give you permission? At no time.”

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

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, maybe driven by the societal understanding spurred by the exposure of your ordeal.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an whole disturbing cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for selling narcotics and his father forced him to leave the family house. He served time in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had regular sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that each year he looked for paid sex on his birthday. His lawyers stated to the court he had arthritis caused by the anxiety of the first trial.