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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period increased to 10 years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

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

The evidence showed that the accused, a married father, made contact with the victim's husband at the time, the husband, in an online chatroom called “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a comatose state.

“We hope the jury will affirm that in this nation, human rights are also women’s rights – that permission is individual, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not through someone else from a husband.”

Context

The ex-husband, one of the worst sexual predators in recent French history, was sentenced to 20 years in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a span of nearly ten years of their union.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the only man to contest his sentence. He was originally sentenced to nine years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his village in the region to rape the victim, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a key topic for a larger conversation on rape culture in society as the defendant continued to claim he was blameless and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a smiling Dogan engaged in violation multiple times over a timeframe of what authorities reported was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was no question that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was manipulated by the husband. “I wanted to stop,” the accused told the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I never wanted to harm that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by crowds gathered to back her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? At no time.”

The victim, 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.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The public is possibly in the course of that, maybe propelled by the public consciousness resulting from the publication of your case.”

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

Sie said to the defendant: “While you deny it, it’s not just a person, it’s an complete disturbing cultural framework that you are endorsing.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 came to the nation of France, where his parent worked as a building manager. The testimony revealed that his father was aggressive and that Dogan began using drugs at the age of 10. When Dogan was seventeen he was apprehended by police for drug trafficking and his parent kicked him out the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a laborer but had faced periods of homelessness.

He was married and had a son with special needs, who he was the principal carer for, as his wife worked in a school canteen. The court heard his wife did not know he had regular intimate relations beyond their union. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that each year he engaged in transactional encounters on his birthday. His lawyers informed the court he had joint inflammation triggered by the anxiety of the original case.