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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence extended to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

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

The court heard that Dogan, a family man, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her knowledge”, where Pelicot was looking for men to come to his home to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the court will declare that in this society, human rights are also rights of women – that agreement is individual, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured personally and not via a representative from a spouse.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to twenty years in prison last year for sedating his then wife and soliciting dozens of men to sexually assault 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 the appellant was the single defendant to challenge his sentence. He was first handed a term to nine years in prison, a sentence increased on Thursday to a decade.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot graphic images and then driven an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to temporarily give evidence at the retrial, informed the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator performed assault repeatedly over a duration of what authorities reported was 3.5 hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

Dogan told the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “an intimate behavior”, 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 acceptable. He said he was influenced by the husband. “I wanted to stop,” the accused informed the court. “I proceeded because he reassured me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers present to support her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It’s a crime to assault an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The public is maybe in the course of that, maybe propelled by the collective awareness resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie told Dogan: “As long as you reject it, it’s not just a individual, it’s an entire disturbing cultural framework that you are upholding.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The evidence indicated that his father was aggressive and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was apprehended by authorities for selling narcotics and his parent kicked him out of home. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a son with special needs, who he was the primary guardian 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 legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a evaluator that once a year he sought paid sex on his special day. His attorneys told the court he had arthritis triggered by the anxiety of the original case.