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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his prison sentence raised to a decade.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the higher court in Nîmes.

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

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where the husband was looking for men to come to his home to rape his wife after he had sedated her into a deep sleep.

We trust the jury will affirm that in this society, human rights are also rights of women – that consent is personal, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured directly and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was given a prison term to 20 years in prison last year for incapacitating his then wife and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the single defendant to appeal against his verdict. He was originally handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

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

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly testify at the appeal trial, stated to the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve put her to sleep without her knowledge.”

The proceedings became a focus point for a wider discussion on rape culture in society as the defendant continued to claim he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s unconscious figure, sedated and snoring in a comatose state, while a smiling Dogan performed assault multiple times over a duration of what police said was several hours. The presiding judge said she had been at danger of death by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan informed the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that lady.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by crowds gathered to support her, told Dogan in court: “You haven’t understood. When will you admit you assaulted me? It is unlawful to rape an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, 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.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. The community is maybe in the midst of that, possibly propelled by the societal understanding resulting from the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “old-fashioned” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie told the defendant: “For as much as you deny it, it’s not just a person, it’s an entire sordid societal structure that you are endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began consuming marijuana aged ten. When Dogan was seventeen he was stopped by authorities for dealing drugs and his father evicted him the family house. He spent time in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a son with Down’s syndrome, 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 regular extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his challenging existence. The defendant had stated to a court psychologist that once a year he looked for commercial sex on his special day. His attorneys informed the court he had arthritis caused by the pressure of the first trial.