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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and received his jail term raised to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel 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 court heard that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom named “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife after he had sedated her into a comatose state.

We expect the panel will declare that in this country, fundamental rights are also rights of women – that permission is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured directly and not via a representative from a spouse.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was handed a sentence to two decades in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the single defendant to contest his conviction. He was first handed a term to 9 years in prison, a punishment raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to assault the victim, after telling his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly give evidence at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a key topic for a larger conversation on societal attitudes in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been justifiable.

The jury in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a smiling Dogan engaged in violation multiple times over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at peril of fatal outcome by choking. The prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “sexual encounters” and disputed 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 Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he persuaded me.”

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

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by crowds assembled to support her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to rape an unaware woman. At what point did I give you permission? 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.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the process of that, perhaps propelled by the collective awareness brought by the exposure of your situation.”

Sie said the defendant's claims of non-guilt showed how rape culture was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “While you reject it, it’s not just a individual, it’s an whole disturbing social system that you are upholding.”

Personal History

The accused was born in the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The court heard that his parent was violent and that Dogan began using drugs at the age of ten. When he was 17 he was caught by authorities for dealing drugs and his father kicked him out the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated intimate relations outside their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a mental health expert that annually he sought commercial sex on his special day. His legal representatives stated to the court he had arthritis caused by the pressure of the first trial.