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An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and received his prison sentence raised to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

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

The testimony revealed that the accused, a married father, connected with the victim's then husband, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is personal, not given by another,” said the victim's lawyer, Antoine Camus. “Consent is received personally and not via a representative from a husband.”

Background

The ex-husband, a notorious sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the community of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was first sentenced to 9 years in prison, a punishment raised on Thursday to ten years.

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

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the retrial, informed the court that Dogan had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a broader debate on rape culture in society as the defendant continued to say he was innocent and had not committed rape, arguing that because the victim's husband had invited him into the residence, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's limp body, sedated and snoring in a comatose state, while a smiling the perpetrator performed assault multiple times over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant informed the court the videos were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” Dogan told the court. “I continued because he reassured me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that lady.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by supporters assembled to stand with her, said to the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unconscious woman. When did I ever give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

Sie, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The community is possibly in the course of that, possibly propelled by the societal understanding brought by the revelation 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: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a woman, it’s an whole sordid social system that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When Dogan was 17 he was caught by authorities for dealing drugs and his parent evicted him the family house. He was incarcerated 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 Down’s syndrome, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had repeated intimate relations outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had informed a court psychologist that annually he looked for paid sex on his special day. His legal representatives informed the court he had arthritis resulting from the pressure of the initial proceedings.