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An individual was convicted on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his jail term raised to ten years.

Retrial Proceedings

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

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

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this society, human rights are also women’s rights – that permission is personal, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not through someone else from a spouse.”

Background

The ex-husband, one of the worst sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and soliciting dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of many years of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his verdict. He was initially given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape the victim, after informing his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a central issue for a larger conversation on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, arguing that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a comatose state, while a grinning Dogan performed assault multiple times over a period of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not agreed.

Accused's Testimony

The defendant stated to the court the recordings were simply “sex scenes” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I tried to halt,” Dogan informed the court. “I carried on because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to injure that individual.”

Pelicot's Words

The victim, who was supported upon exiting the courtroom each day by onlookers present to back her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It is illegal to assault an unaware woman. How could I have give you permission? At no time.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. Society is possibly in the course of that, perhaps propelled by the public consciousness spurred by the publication of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to Dogan: “While you reject it, it’s not just a woman, it’s an whole sordid social system that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The court heard that his father was aggressive and that Dogan began consuming marijuana aged 10. When he was 17 he was stopped by police for selling narcotics and his father forced him to leave the family house. He served time in prison for trafficking in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had told a court psychologist that annually he looked for paid sex on his birthday. His attorneys informed the court he had joint inflammation triggered by the anxiety of the first trial.