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A defendant was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and has had his prison sentence extended to ten years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was recruiting men to enter his residence to assault his wife once he had sedated her into a comatose state.

We expect the court will affirm that in this country, fundamental rights are also women’s rights – that permission is individual, not given by another,” declared the victim's attorney, Antoine Camus. “Permission is secured directly and not through someone else from a husband.”

Context

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for sedating his wife at the time and soliciting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to contest his sentence. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was brought from segregation in prison to temporarily testify at the appeal trial, stated to the court that the accused had understood his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”

The courtroom became a focus point for a wider discussion on rape culture in society as Dogan continued to say he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, comatose and breathing heavily in a unconscious condition, while a smiling Dogan performed assault on several occasions over a period of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

Dogan told the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by supporters gathered to back her, told Dogan in court: “You haven’t understood. When will you acknowledge you assaulted me? It is illegal to assault an unconscious woman. How could I have give you permission? Not once.”

The victim, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take responsibility showed that: “The shame remains. The community is possibly in the midst of that, possibly motivated by the societal understanding spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are supporting.”

Biographical Details

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a building manager. The testimony revealed that his father was abusive and that Dogan began consuming marijuana aged ten. When he was seventeen he was caught by police for selling narcotics and his parent evicted him the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had repeated intimate relations beyond their union. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a evaluator that annually he sought transactional encounters on his birthday. His legal representatives told the court he had a medical condition caused by the anxiety of the first trial.