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A man was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his jail term raised to a decade.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with the victim's spouse, Dominique Pelicot, in an online chatroom called “without her knowledge”, where the husband was looking for men to visit his house to rape his wife after he had sedated her into a deep sleep.

“We hope the court will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” stated the victim's attorney, her legal representative. “Permission is received personally and not by proxy from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in recent French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the only man to challenge his verdict. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a focus point for a broader debate on rape culture in society as the defendant continued to claim he was blameless and had not engaged in violation, arguing that because the victim's husband had welcomed him into the bedroom, his conduct had been acceptable.

The panel in the Nîmes appeals court was presented with visual proof of the victim's limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan performed assault multiple times over a duration of what authorities reported was 3.5 hours. The judge said she had been at risk of fatal outcome by asphyxiation. The state's case said there was no question that she had been unaware and had not consented.

Accused's Testimony

Dogan told the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that individual.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by crowds assembled to stand with her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an unaware woman. When did I ever give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's failure to take accountability showed that: “Guilt has not shifted. The community is maybe in the course of that, possibly driven by the societal understanding brought by the publication of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie addressed the defendant: “While you deny it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of five moved to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was apprehended by police for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had experienced periods of being unhoused.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that each year he engaged in commercial sex on his birthday. His legal representatives stated to the court he had joint inflammation triggered by the stress of the original case.