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An individual was convicted on appeal of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his incarceration period raised to 10 years.

Appeal Trial

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

A jury of four women and five men, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in Provence in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with the victim's husband at the time, the husband, in an internet forum called “unbeknownst to her”, where the husband was recruiting men to enter his residence to assault his wife after he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this society, fundamental rights are also rights of women – that agreement is individual, not delegated,” declared the victim's attorney, Antoine Camus. “Permission is secured directly and not through someone else from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for sedating his then wife and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a notable trial last year, and Dogan was the only man to appeal against his verdict. He was initially handed a term to nine years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Courtroom Details

Dogan had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to rape Gisèle Pelicot, after informing his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the retrial, informed the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a key topic for a broader debate on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof 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 investigators stated was three and a half hours. The court official said she had been at peril of death by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was deceived 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 did not intend to injure that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds present to stand with her, addressed the defendant in court: “You haven’t understood. When will you acknowledge you violated me? It is illegal to rape an incapacitated woman. At what point did I give you agreement? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The public is perhaps in the process of that, perhaps propelled by the societal understanding resulting from the publication of your ordeal.”

Sie said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

Sie addressed the defendant: “For as much as you reject it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The court heard that his father was abusive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was caught by police for dealing drugs and his father evicted him the family house. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters beyond their union. His legal team said this was his strategy for managing with his stressful life. The defendant had stated to a evaluator that annually he engaged in paid sex on his special day. His attorneys stated to the court he had arthritis triggered by the stress of the initial proceedings.