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An individual has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and has had his prison sentence increased to ten years.

Retrial Proceedings

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

A panel of four women and five men, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where Pelicot was recruiting men to enter his residence to assault his wife once he had sedated her into a deep sleep.

We trust the jury will affirm that in this society, human rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured directly and not through someone else from a husband.”

Background

The husband, a notorious sex offenders in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and soliciting dozens of men to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to challenge his conviction. He was initially handed a term to 9 years in prison, a sentence increased on Thursday to 10 years.

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

Evidence Presented

Dogan had initially sent the husband graphic images and then driven an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily testify at the hearing, stated to the court that the accused had known his wife had been “drugged” and he told to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unconscious figure, unconscious and snoring in a deep sleep, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at danger of death by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that individual.”

Victim's Response

The survivor, who was applauded upon departing the trial each day by crowds gathered to support her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to the victim in court, said the defendant's refusal to take blame showed that: “The shame remains. The public is possibly in the midst of that, possibly driven by the collective awareness spurred by the exposure of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a woman, it’s an entire unpleasant social system that you are endorsing.”

Personal History

The accused was born in Turkey and at the age of five moved to France, where his parent worked as a building manager. The court heard that his father was abusive and that the defendant began using drugs aged ten. When Dogan was 17 he was caught by authorities for drug trafficking and his parent evicted him of home. He spent time in prison for trafficking in his twenties and had worked as a builder but had undergone periods of homelessness.

He was wed 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 evidence showed his spouse did not know he had regular extramarital activities outside their marriage. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that once a year he looked for paid sex on his birthday. His lawyers stated to the court he had joint inflammation triggered by the anxiety of the initial proceedings.