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A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his prison sentence increased to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a retrial this week at the Nîmes court of appeal.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her knowledge”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the court will say loud and clear that in this country, human rights are also women’s rights – that agreement is personal, not transferred,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is obtained personally and not by proxy from a spouse.”

Context

The ex-husband, among the most severe sex offenders in France's contemporary records, 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 community of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the single defendant to appeal against his verdict. He was first handed a term to nine years in prison, a sentence increased on Thursday to a decade.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in Provence to rape the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly testify at the hearing, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a larger conversation on societal attitudes in society as the defendant continued to assert he was blameless and had not committed rape, contending that because the victim's husband had invited him into the room, his behavior had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, sedated and snoring in a deep sleep, while a smiling the perpetrator committed rape multiple times over a period of what police said was 3.5 hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had brought him to the home, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by onlookers assembled to back her, addressed the defendant in court: “You fail to comprehend. When will you admit you raped me? It is unlawful to rape an incapacitated woman. When did I ever give you consent? Not once.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is maybe in the midst of that, perhaps propelled by the collective awareness resulting from the exposure of your ordeal.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie told Dogan: “As long as you deny it, it’s not just a individual, it’s an whole disturbing cultural framework that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of 5 relocated to France, where his parent worked as a concierge. The evidence indicated that his parent was aggressive and that the defendant began using drugs aged 10. When he was 17 he was apprehended by police for selling narcotics and his father kicked him out the family house. He was incarcerated in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had repeated extramarital activities outside their marriage. His legal team said this was his method of dealing with his challenging existence. The defendant had told a mental health expert that once a year he sought paid sex on his special day. His attorneys stated to the court he had arthritis triggered by the stress of the first trial.