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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and received his jail term raised to 10 years.

Retrial Proceedings

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, connected with Gisèle Pelicot’s spouse, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where Pelicot was seeking men to come to his home to rape his wife once he had drugged her into a deep sleep.

We expect the panel will declare that in this society, human rights are also rights of women – that permission is personal, not given by another,” said the victim's lawyer, her legal representative. “Agreement is received directly and not via a representative from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for drugging his spouse and soliciting multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the only man to contest his sentence. He was first sentenced to nine years in prison, a punishment enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to rape Gisèle Pelicot, after notifying his wife he was going out, the court heard.

The ex-husband, who was brought from solitary confinement in prison to temporarily give evidence at the hearing, told the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as Dogan continued to say he was blameless and had not committed rape, arguing that because the victim's husband had welcomed him into the bedroom, his behavior had been justifiable.

The panel in the higher court was shown recorded footage of the victim's unresponsive form, sedated and breathing heavily in a deep sleep, while a smiling the perpetrator engaged in violation multiple times over a timeframe of what police said was several hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Defendant's Statements

Dogan informed the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by crowds assembled to stand with her, addressed Dogan in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to assault an unconscious woman. When did I ever give you agreement? At no time.”

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

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. Society is possibly in the course of that, maybe motivated by the public consciousness brought by the exposure of your case.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change rape culture to a culture of consent.”

Sie addressed Dogan: “While you reject it, it’s not just a person, it’s an whole unpleasant societal structure that you are upholding.”

Biographical Details

Dogan was born in Turkey and at the age of five relocated to France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis at the age of 10. When he was seventeen he was caught by authorities for drug trafficking and his parent forced him to leave the residence. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his wife worked in a institution's dining hall. The court heard his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had informed a evaluator that once a year he engaged in transactional encounters on his birthday. His legal representatives stated to the court he had arthritis resulting from the anxiety of the original case.