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An individual was convicted on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his incarceration period extended to 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed 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, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum named “without her consent”, where Pelicot was seeking men to come to his home to assault his wife after he had drugged her into a unconscious state.

“We hope the panel will declare that in this country, human rights are also rights of women – that consent is individual, not delegated,” said the victim's attorney, Antoine Camus. “Permission is received personally and not through someone else from a husband.”

Background

The ex-husband, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was first sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to rape the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, told the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as the defendant continued to assert he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a period of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant stated to the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that individual.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by crowds present to stand with her, said to Dogan in court: “You do not grasp. When will you admit you raped me? It is unlawful to rape an incapacitated woman. How could I have give you consent? Not once.”

The victim, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. Society is possibly in the process of that, possibly motivated by the societal understanding brought by the exposure of your situation.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor said to Dogan: “While you reject it, it’s not just a person, it’s an whole disturbing societal structure that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The evidence indicated that his father was abusive and that Dogan began smoking cannabis aged 10. When Dogan was 17 he was caught by police for drug trafficking and his parent forced him to leave of home. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that annually he sought transactional encounters on his special day. His lawyers told the court he had a medical condition caused by the anxiety of the initial proceedings.