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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and has had his prison sentence increased to 10 years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The court heard that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the court will affirm that in this nation, human rights are also rights of women – that permission is personal, not given by another,” said the victim's lawyer, her legal representative. “Consent is obtained directly and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his then wife and bringing in numerous individuals to sexually assault her in her home in the community of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the only man to contest his sentence. He was originally sentenced to nine years in prison, a sentence increased on Thursday to ten years.

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

Evidence Presented

The defendant had first sent the husband graphic images and then driven an hour from his village in Provence to rape the victim, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly testify at the appeal trial, stated to the court that Dogan had been aware his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a broader debate on societal attitudes in society as the defendant continued to claim he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The panel in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator engaged in violation on several occasions over a period of what police said was three and a half hours. The court official said she had been at danger of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not consented.

Defendant's Statements

The defendant informed the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that individual.”

Victim's Response

The victim, who was applauded upon leaving court each day by supporters present to support her, addressed the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an unconscious woman. At what point did I give you consent? At no time.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the process of that, perhaps motivated by the societal understanding spurred by the revelation of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an whole disturbing societal structure that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The court heard that his father was abusive and that the defendant began consuming marijuana aged 10. When he was 17 he was stopped by authorities for dealing drugs and his father evicted him the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had frequent intimate relations beyond their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a evaluator that each year he looked for commercial sex on his birthday. His attorneys stated to the court he had a medical condition resulting from the pressure of the original case.