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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and was given his jail term raised to ten years.

Appeal Trial

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

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “without her knowledge”, where Pelicot was recruiting men to come to his home to assault his wife after he had drugged her into a deep sleep.

“We hope the panel will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated the victim's attorney, her legal representative. “Permission is secured directly and not via a representative from a husband.”

Context

The husband, among the most severe sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his then wife and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first handed a term to 9 years in prison, a punishment enhanced on Thursday to ten years.

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

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily testify at the retrial, told the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to claim he was not guilty and had not perpetrated assault, arguing that because the victim's husband had invited him into the residence, his behavior had been acceptable.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a grinning Dogan performed assault repeatedly over a timeframe of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that lady.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by supporters gathered to back her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is unlawful to rape an incapacitated woman. At what point did I give you agreement? At no time.”

Gisèle Pelicot, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, perhaps motivated by the societal understanding brought by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “While you deny it, it’s not just a woman, it’s an complete sordid societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a building manager. The testimony revealed that his father was abusive and that the defendant began using drugs aged ten. When he was 17 he was caught by police for dealing drugs and his parent evicted him the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a court psychologist that once a year he looked for commercial sex on his birthday. His attorneys informed the court he had joint inflammation resulting from the pressure of the original case.