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An individual was convicted on retrial of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and has had his jail term extended to ten years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where the husband was seeking men to come to his home to assault his wife once he had sedated her into a unconscious state.

We expect the jury will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not transferred,” stated the victim's attorney, Antoine Camus. “Consent is secured directly and not through someone else from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for sedating his spouse and inviting multiple perpetrators to sexually assault her in her home in the Provence village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the only man to contest his sentence. He was originally sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then traveled an hour from his town in the region to assault the victim, after telling his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” 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 focus point for a broader debate on rape culture in society as Dogan continued to assert he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a grinning Dogan performed assault on several occasions 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 choking. The state's case said there was no doubt that she had been incapacitated and had not agreed.

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 sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to injure that woman.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters assembled to support her, addressed the defendant in court: “You haven’t understood. When are you going to recognise you assaulted me? It is illegal to rape an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The public is maybe in the midst of that, possibly motivated by the public consciousness brought by the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how rape culture was still common in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “As long as you reject it, it’s not just a woman, it’s an complete sordid cultural framework that you are endorsing.”

Biographical Details

The accused was born in Turkey and at the age of 5 came to France, where his father worked as a concierge. The court heard that his father was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was seventeen he was caught by authorities for drug trafficking and his parent kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had faced periods of living on the streets.

He was wed and had a child with special needs, who he was the principal carer for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his way of coping with his difficult circumstances. The defendant had stated to a evaluator that once a year he engaged in commercial sex on his birthday. His legal representatives informed the court he had a medical condition triggered by the pressure of the first trial.