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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence increased to a decade.

Higher Court Case

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

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of June 29, 2019.

The testimony revealed that Dogan, a family man, connected with the victim's then husband, the husband, in an internet forum called “without her consent”, where Pelicot was looking for men to come to his home to assault his wife once he had sedated her into a unconscious state.

We trust the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is personal, not delegated,” stated the victim's attorney, Antoine Camus. “Permission is obtained directly and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the single defendant to contest his verdict. He was initially sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his actions had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of the victim's limp body, unconscious and snoring in a unconscious condition, while a smiling the perpetrator performed assault multiple times over a period of what investigators stated was three and a half hours. The court official said she had been at danger of death by asphyxiation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings 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 am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was OK. He said he was deceived by the husband. “I tried to halt,” the accused told the court. “I carried on because he convinced me.”

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

Survivor's Statement

The survivor, who was supported upon leaving court each day by onlookers present to support her, told Dogan in court: “You do not grasp. When will you admit you violated me? It’s a crime to assault an incapacitated 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 privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. The community is perhaps in the midst of that, maybe propelled by the societal understanding brought by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still common in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an whole disturbing societal structure that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The evidence indicated that his father was abusive and that the defendant began using drugs at the age of 10. When he was seventeen he was stopped by police for dealing drugs and his father kicked him out the family house. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated sexual encounters beyond their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had stated to a mental health expert that each year he looked for transactional encounters on his birthday. His legal representatives stated to the court he had arthritis triggered by the pressure of the first trial.