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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her husband – and received his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

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

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife after he had drugged her into a unconscious state.

We expect the court will affirm that in this nation, human rights are also rights of women – that permission is personal, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not through someone else from a husband.”

Background

The ex-husband, a notorious sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for incapacitating his wife at the time and soliciting dozens of men to sexually assault her in her home in the community of Mazan over a duration of almost a decade of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to contest his verdict. He was originally given a sentence to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his village in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the hearing, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the room, his behavior had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s limp body, sedated and snoring in a deep sleep, while a grinning Dogan committed rape repeatedly over a timeframe of what police said was several hours. The presiding judge said she had been at risk of death by asphyxiation. The prosecution said there was no doubt that she had been incapacitated and had not given permission.

Dogan's Claims

The defendant stated to the court the footage were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I never raped.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I continued because he persuaded me.”

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

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by onlookers present to stand with her, told Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to assault an unaware woman. How could I have give you consent? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the course of that, perhaps driven by the collective awareness spurred by the exposure of your ordeal.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “While you deny it, it’s not just a person, it’s an whole disturbing social system that you are endorsing.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 came to France, where his father worked as a caretaker. The court heard that his father was abusive and that Dogan began smoking cannabis aged 10. When he was 17 he was stopped by authorities for dealing drugs and his father evicted him of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities beyond their union. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had stated to a mental health expert that once a year he engaged in paid sex on his special day. His lawyers stated to the court he had joint inflammation caused by the pressure of the initial proceedings.