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A man was declared guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his jail term extended to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's then husband, the husband, in an internet forum called “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is secured directly and not via a representative from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for drugging his then wife and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the only man to challenge his verdict. He was initially given a sentence to 9 years in prison, a punishment increased on Thursday to 10 years.

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

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his town in Provence to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly give evidence at the appeal trial, told the court that the accused had known his wife had been “drugged” 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 key topic for a wider discussion on rape culture in society as Dogan continued to assert he was not guilty and had not engaged in violation, arguing that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning Dogan committed rape on several occasions over a timeframe of what investigators stated was several hours. The judge said she had been at risk of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I carried on because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that individual.”

Pelicot's Words

The victim, who was supported upon departing the trial each day by crowds assembled to stand with her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It is illegal to rape an incapacitated woman. At what point did I give you agreement? Never.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

Legal Commentary

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

Sie said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie told the defendant: “While you reject it, it’s not just a woman, it’s an complete disturbing social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to France, where his parent worked as a building manager. The evidence indicated that his parent was abusive and that Dogan began using drugs at the age of ten. When he was seventeen he was stopped by authorities for drug trafficking and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had regular sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a court psychologist that each year he sought commercial sex on his birthday. His legal representatives informed the court he had arthritis resulting from the pressure of the first trial.