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A man was declared guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her husband – and received his incarceration period increased to a decade.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was seeking men to enter his residence to rape his wife once he had rendered her unconscious into a comatose state.

We expect the court will affirm that in this nation, fundamental rights are also women’s rights – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is secured personally and not via a representative from a husband.”

Background

The husband, one of the worst sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for sedating his spouse and inviting dozens of men to rape her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and Dogan was the only man to contest his conviction. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to briefly testify at the retrial, stated to the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the room, his conduct had been permissible.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a smiling Dogan performed assault repeatedly over a duration of what authorities reported was 3.5 hours. The court official said she had been at risk of death by choking. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to hurt that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by crowds present to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is unlawful to rape an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to the victim in court, said the defendant's refusal to take responsibility showed that: “Guilt has not shifted. The public is possibly in the midst of that, maybe driven by the collective awareness resulting from the publication of your ordeal.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie said to the defendant: “For as much as you deny it, it’s not just a person, it’s an entire disturbing societal structure that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The testimony revealed that his parent was violent and that the defendant began using drugs aged 10. When Dogan was 17 he was apprehended by police for drug trafficking and his parent forced him to leave the family house. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the principal carer for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated sexual encounters beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had told a mental health expert that annually he sought commercial sex on his birthday. His legal representatives informed the court he had arthritis caused by the stress of the original case.