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A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and has had his prison sentence raised to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had contested his first conviction last year, underwent a new trial this week at the appeals court in Nîmes.

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an internet forum named “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a unconscious state.

“We hope the jury will declare that in this nation, fundamental rights are also women’s rights – that consent is individual, not delegated,” said the victim's lawyer, her legal representative. “Agreement is received personally and not by proxy from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and soliciting numerous individuals to rape her in her home in the town of the village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found guilty in a widely publicized trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to ten years.

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

Evidence Presented

Dogan had initially sent the husband graphic images and then traveled an hour from his town in the region to assault Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly give evidence at the hearing, told the court that Dogan had known his wife had been “drugged” and he communicated to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been permissible.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a period of what police said was several hours. The judge said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I carried on because he convinced me.”

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

Pelicot's Words

The victim, who was cheered upon leaving court each day by onlookers gathered to stand with her, told the defendant in court: “You do not grasp. When will you admit you violated me? It’s a crime to rape an incapacitated woman. At what point did I give you agreement? Never.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is perhaps in the process of that, possibly propelled by the public consciousness spurred by the revelation of your situation.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an entire sordid social system that you are upholding.”

Biographical Details

The accused was originated from Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The testimony revealed that his father was abusive and that Dogan began consuming marijuana at the age of 10. When he was seventeen he was stopped by police for dealing drugs and his parent kicked him out of home. He served time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a evaluator that once a year he looked for commercial sex on his birthday. His attorneys told the court he had arthritis resulting from the stress of the original case.