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An individual was convicted on higher court review of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and received his prison sentence extended to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of five men and four women, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with the victim's then husband, the husband, in an internet forum titled “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 deep sleep.

“We hope the jury will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is personal, not transferred,” said the victim's lawyer, her legal representative. “Agreement is received directly and not through someone else from a husband.”

Background

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for drugging his spouse and soliciting multiple perpetrators to sexually assault her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was originally handed a term to 9 years in prison, a sentence increased on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the hearing, stated to the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was not guilty and had not perpetrated assault, stating that because the victim's husband had invited him into the residence, his actions had been acceptable.

The jury in the Nîmes appeals court was displayed video evidence of the victim's limp body, unconscious and snoring in a deep sleep, while a grinning the perpetrator committed rape repeatedly over a timeframe of what investigators stated was several hours. The presiding judge said she had been at risk of death by asphyxiation. The state's case said there was no question that she had been unaware and had not agreed.

Dogan's Claims

The defendant told the court the videos were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to harm that lady.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by crowds present to back her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. At what point did I give you permission? At no time.”

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

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. Society is maybe in the midst of that, maybe propelled by the collective awareness resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still common in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to Dogan: “As long as you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are endorsing.”

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 building manager. The court heard that his father was aggressive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had repeated sexual encounters beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had told a court psychologist that annually he looked for transactional encounters on his birthday. His lawyers told the court he had a medical condition resulting from the pressure of the initial proceedings.