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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and has had his prison sentence extended to ten years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, made contact with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was seeking men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the court will declare that in this country, human rights are also rights of women – that agreement is individual, not given by another,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured personally and not by proxy from a husband.”

Background

The ex-husband, a notorious sex offenders in modern French history, was handed a sentence to twenty years in prison last year for drugging his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the sole individual to appeal against his sentence. He was initially sentenced to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly testify at the retrial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a comatose state, while a smiling the perpetrator committed rape on several occasions over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

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

Victim's Response

The survivor, who was supported upon leaving court each day by onlookers gathered to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is illegal to assault an unconscious woman. How could I have give you permission? Never.”

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

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “The shame remains. The public is possibly in the process of that, perhaps motivated by the collective awareness spurred by the exposure of your ordeal.”

Sie said Dogan’s claims of innocence showed how rape culture 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.”

The prosecutor told the defendant: “As long as you deny it, it’s not just a woman, it’s an whole disturbing social system that you are endorsing.”

Personal History

Dogan was born in 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 abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father kicked him out the residence. He served time in prison for trafficking in his twenties and had worked as a construction worker but had faced periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a court psychologist that annually he sought commercial sex on his special day. His lawyers stated to the court he had joint inflammation caused by the pressure of the first trial.