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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and was given his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a retrial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in southern France in the morning of 29 June 2019.

The testimony revealed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was seeking men to enter his residence 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, human rights are also rights of women – that consent is individual, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained personally and not by proxy from a husband.”

Context

The husband, among the most severe sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and soliciting numerous individuals to sexually assault her in her home in the town of the village of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his conviction. He was originally given a sentence to 9 years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the retrial, told the court that the accused had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a wider discussion on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.

The jury in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The court official said she had been at danger of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the recordings were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” Dogan stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to injure that individual.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by supporters gathered to back her, addressed the defendant in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an unaware woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, possibly motivated by the public consciousness brought by the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie said to the defendant: “For as much as you deny it, it’s not just a person, it’s an complete sordid cultural framework that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The evidence indicated that his father was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was apprehended by authorities for drug trafficking and his father kicked him out of home. He served time in prison for drug dealing in his twenties and had worked as a builder but had undergone periods of living on the streets.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated sexual encounters beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that each year he looked for transactional encounters on his special day. His legal representatives informed the court he had a medical condition triggered by the pressure of the initial proceedings.