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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and received his incarceration period extended to 10 years.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, underwent a new trial this week at the Nîmes court of appeal.

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

The court heard that Dogan, a family man, reached out to the victim's spouse, the husband, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to enter his residence to rape his wife after he had drugged her into a deep sleep.

We expect the jury will declare that in this country, fundamental rights are also women’s rights – that consent is personal, not transferred,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is secured directly and not by proxy from a husband.”

Context

The husband, a notorious sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his then wife and inviting multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a duration of many years of their marriage.

Fifty other men were found culpable in a notable trial last year, and Dogan was the sole individual to appeal against his conviction. He was initially given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

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

Testimony and Proof

The defendant had initially sent the husband graphic images and then driven an hour from his town in Provence to rape the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly give evidence at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a broader debate on sexual violence norms in society as Dogan continued to assert he was innocent and had not committed rape, arguing that because the victim's husband had welcomed him into the residence, his behavior had been permissible.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning Dogan engaged in violation on several occasions over a duration of what authorities reported was several hours. The presiding judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant told the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

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

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by supporters present to support her, told Dogan in court: “You do not grasp. When are you going to recognise you assaulted me? It’s a crime to rape an unconscious woman. How could I have give you agreement? Not once.”

The victim, 72, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, speaking to the victim in court, said Dogan’s refusal to take accountability showed that: “Guilt has not shifted. The community is perhaps in the process of that, possibly motivated by the public consciousness spurred by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change the culture of violence to a culture of consent.”

Sie said to the defendant: “While you deny it, it’s not just a woman, it’s an whole disturbing societal structure that you are upholding.”

Personal History

The accused was born in the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The evidence indicated that his parent was aggressive and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by police for dealing drugs and his father kicked him out of home. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated sexual encounters beyond their marriage. His defence said this was his way of coping with his stressful life. Dogan had stated to a court psychologist that each year he engaged in paid sex on his birthday. His lawyers stated to the court he had arthritis triggered by the anxiety of the original case.