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A man was convicted on retrial of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and was given his prison sentence raised to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of four women and five men, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform named “without her knowledge”, where the husband was looking for men to come to his home to assault his wife once he had drugged her into a unconscious state.

We expect the panel will say loud and clear that in this society, human rights are also rights of women – that agreement is individual, not delegated,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to two decades in prison last year for drugging his spouse and inviting multiple perpetrators to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Dozens of additional defendants were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his verdict. He was originally sentenced to nine years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent the husband sexually explicit photos and then traveled an hour from his town in Provence to rape the victim, after informing his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to briefly give evidence at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a wider discussion on sexual violence norms in society as the defendant continued to assert he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions over a duration of what investigators stated was 3.5 hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The state prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

The defendant informed the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers gathered to back her, told the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to rape an unaware woman. When did I ever give you permission? Not once.”

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

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “The shame remains. The community is possibly in the midst of that, possibly motivated by the societal understanding brought by the revelation of your case.”

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

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are supporting.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana aged 10. When he was 17 he was stopped by police for drug trafficking and his father evicted him the residence. He spent time in prison for trafficking in his young adulthood and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a school canteen. The court heard his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had told a evaluator that annually he sought paid sex on his special day. His legal representatives stated to the court he had a medical condition resulting from the anxiety of the initial proceedings.