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A defendant has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and received his jail term raised to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, connected with the victim's then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife after he had drugged her into a comatose state.

We expect the jury will affirm that in this country, human rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is received personally and not via a representative from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in recent French history, was given a prison term to 20 years in prison last year for incapacitating his spouse and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally sentenced to 9 years in prison, a penalty enhanced 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 blame”.

Testimony and Proof

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The jury in the higher court was displayed visual proof of the victim's limp body, unconscious and breathing heavily in a comatose state, while a smiling Dogan committed rape on several occasions over a timeframe of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the recordings were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I continued because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I had no desire to hurt that lady.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by onlookers present to stand with her, told the defendant in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unconscious woman. How could I have give you agreement? Not once.”

The victim, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The public is perhaps in the midst of that, possibly driven by the societal understanding spurred by the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “While you reject it, it’s not just a woman, it’s an entire disturbing social system that you are upholding.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged 10. When he was 17 he was caught by authorities for drug trafficking and his father forced him to leave of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his way of coping with his stressful life. Dogan had informed a mental health expert that once a year he looked for paid sex on his birthday. His legal representatives told the court he had arthritis caused by the anxiety of the original case.