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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and has had his prison sentence increased to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was seeking men to come to his home to rape his wife once he had drugged her into a deep sleep.

We trust the jury will say loud and clear that in this society, fundamental rights are also rights of women – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured personally and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the community of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the sole individual to contest his conviction. He was originally handed a term to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the retrial, informed the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a focus point for a broader debate on rape culture in society as Dogan continued to claim he was not guilty and had not committed rape, contending that because the victim's husband had welcomed him into the room, his actions had been permissible.

The jury in the Nîmes appeals court was presented with visual proof of the victim's unresponsive form, comatose and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The court official said she had been at risk of fatal outcome by choking. The state's case said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “intimate moments” and rejected it was violation. 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 allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I continued because he reassured me.”

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

Victim's Response

The victim, who was cheered upon leaving court each day by supporters present to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to rape an incapacitated woman. At what point did I give you consent? Not once.”

The victim, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, possibly driven by the societal understanding spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a culture of consent.”

Sie said to the defendant: “For as much as you deny it, it’s not just a woman, it’s an entire unpleasant social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The testimony revealed that his parent was aggressive and that Dogan began consuming marijuana at the age of ten. When Dogan was seventeen he was stopped by police for dealing drugs and his parent evicted him the residence. He was incarcerated in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had regular intimate relations beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a court psychologist that each year he engaged in commercial sex on his birthday. His legal representatives informed the court he had arthritis caused by the stress of the original case.