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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and was given his incarceration period raised to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the appeals court in Nîmes.

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to enter his residence to assault his wife after he had drugged her into a unconscious state.

“We hope the panel will affirm that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received personally and not via a representative from a husband.”

Context

The husband, among the most severe sexual predators in recent French history, was handed a sentence to 20 years in prison last year for drugging his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to appeal against his conviction. He was first sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Evidence Presented

The defendant had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the appeal trial, told the court that the accused had been aware his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a wider discussion on societal attitudes in society as Dogan continued to say he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling Dogan performed assault on several occasions over a period of what authorities reported was several hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no doubt that she had been unaware and had not agreed.

Accused's Testimony

Dogan stated to the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers gathered to stand with her, told Dogan in court: “You haven’t understood. When will you acknowledge you violated me? It’s a crime to assault an unconscious woman. At what point did I give you consent? At no time.”

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

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, possibly motivated by the societal understanding resulting from the publication of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire disturbing cultural framework that you are supporting.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 moved to France, where his father worked as a caretaker. The court heard that his parent was violent and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was apprehended by authorities for drug trafficking and his father evicted him the residence. He served time in prison for drug dealing 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 Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a mental health expert that each year he engaged in paid sex on his special day. His legal representatives informed the court he had arthritis triggered by the stress of the initial proceedings.