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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and received his jail term extended to ten years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's then husband, the husband, in an online chatroom named “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the panel will say loud and clear that in this society, fundamental rights are also rights of women – that consent is individual, not transferred,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to twenty years in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to contest his verdict. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent the husband graphic images and then driven an hour from his village in Provence to assault the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was transported from segregation in prison to briefly testify at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a broader debate on societal attitudes in society as the defendant continued to claim he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, unconscious and snoring in a deep sleep, while a smiling Dogan performed assault repeatedly over a duration of what police said was several hours. The court official said she had been at peril of death by choking. The state's case said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant told the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused stated to the court. “I proceeded because he persuaded me.”

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

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds present to stand with her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an unaware woman. When did I ever give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The public is possibly in the course of that, perhaps driven by the societal understanding spurred by the exposure of your case.”

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

Sie told the defendant: “While you deny it, it’s not just a woman, it’s an complete disturbing societal structure that you are endorsing.”

Personal History

The accused was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The court heard that his father was aggressive and that Dogan began smoking cannabis aged ten. When Dogan was seventeen he was apprehended by police for dealing drugs and his father forced him to leave the family house. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had regular extramarital activities beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had told a mental health expert that once a year he sought commercial sex on his special day. His lawyers informed the court he had arthritis resulting from the pressure of the initial proceedings.