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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and was given his incarceration period increased to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in Provence in the morning of June 29, 2019.

The court heard that the accused, a family man, reached out to the victim's husband at the time, the husband, in an online chatroom called “without her knowledge”, where the husband was looking for men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will declare that in this country, fundamental rights are also rights of women – that consent is personal, not delegated,” stated Gisèle Pelicot’s lawyer, Antoine Camus. “Permission is secured directly and not by proxy from a spouse.”

Context

The husband, a notorious sexual predators in recent French history, was sentenced to two decades in prison last year for sedating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally sentenced to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was transported from solitary confinement in prison to briefly testify at the retrial, stated to the court that the accused had been aware his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a wider discussion on societal attitudes in society as Dogan continued to claim he was innocent and had not perpetrated assault, stating that because the victim's husband had invited him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling Dogan performed assault repeatedly over a period of what police said was three and a half hours. The judge said she had been at risk of death by choking. The state's case said there was absolute certainty that she had been unconscious and had not agreed.

Defendant's Statements

Dogan stated to the court the footage were simply “sex scenes” and disputed 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 allowed him to the residence, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that lady.”

Survivor's Statement

The victim, who was cheered upon departing the trial each day by onlookers gathered to support her, addressed Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an unaware woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s unwillingness to take blame showed that: “Shame has not yet changed sides. The community is possibly in the process of that, possibly driven by the collective awareness resulting from the publication of your situation.”

Sie said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete disturbing cultural framework that you are upholding.”

Personal History

The accused was originated from Turkey and at the age of 5 moved to France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began using drugs at the age of ten. When Dogan was 17 he was caught by authorities for dealing drugs and his father kicked him out the residence. He served time in prison for drug dealing in his early 20s and had worked as a builder but had undergone periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his spouse did not know he had repeated intimate relations beyond their marriage. His defence said this was his way of coping with his challenging existence. The defendant had informed a court psychologist that once a year he sought transactional encounters on his birthday. His attorneys stated to the court he had a medical condition resulting from the stress of the original case.