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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his jail term extended to a decade.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform titled “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife after he had sedated her into a deep sleep.

We trust the court will affirm that in this nation, human rights are also women’s rights – that permission is personal, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not through someone else from a spouse.”

Background

The husband, among the most severe sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his spouse and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the sole individual to appeal against his sentence. He was first given a sentence to 9 years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly give evidence at the appeal trial, informed the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a wider discussion on societal attitudes in society as the defendant continued to assert he was blameless and had not committed rape, stating that because the victim's husband had invited him into the bedroom, his behavior had been acceptable.

The panel in the higher court was presented with video evidence of the victim's unconscious figure, sedated and snoring in a unconscious condition, while a grinning the perpetrator committed rape repeatedly over a timeframe of what authorities reported was three and a half hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the footage were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to harm that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by onlookers present to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is unlawful to assault an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is perhaps in the process of that, perhaps motivated by the public consciousness spurred by the revelation of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you deny it, it’s not just a individual, it’s an whole disturbing cultural framework that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of five came to France, where his father worked as a caretaker. The evidence indicated that his father was abusive and that Dogan began using drugs aged ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent forced him to leave the residence. He spent time in prison for drug dealing in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his spouse did not know he had frequent intimate relations beyond their union. His defence said this was his method of dealing with his challenging existence. Dogan had told a mental health expert that each year he looked for transactional encounters on his special day. His attorneys told the court he had a medical condition triggered by the stress of the initial proceedings.