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An individual was convicted on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and was given his jail term extended to ten years.

Retrial Proceedings

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, faced a retrial this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife after he had rendered her unconscious into a comatose state.

We expect the panel will say loud and clear that in this nation, fundamental rights are also rights of women – that permission is personal, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is secured personally and not through someone else from a spouse.”

Background

Dominique Pelicot, among the most severe sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his spouse and inviting numerous individuals to rape her in her home in the community of the village of Mazan over a span of almost a decade of their union.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the only man to appeal against his sentence. He was initially sentenced to nine years in prison, a penalty raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after telling his wife he was going out, the court heard.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the hearing, informed the court that the accused had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The trial became a key topic for a larger conversation on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was shown visual proof of the victim's limp body, sedated and breathing heavily in a unconscious condition, while a smiling Dogan committed rape multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at risk of death by suffocation. The prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

Dogan told the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that woman.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon exiting the courtroom each day by crowds present to stand with her, said to Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is unlawful to rape an unconscious woman. How could I have give you consent? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. The community is possibly in the course of that, possibly driven by the societal understanding brought by the publication of your situation.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you reject it, it’s not just a person, it’s an entire disturbing cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The evidence indicated that his parent was aggressive and that Dogan began using drugs aged ten. When he was 17 he was caught by authorities for drug trafficking and his father forced him to leave the residence. He spent time in prison for trafficking in his early 20s and had worked as a builder but had undergone periods of being unhoused.

He was wed and had a child with special needs, who he was the primary guardian for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had regular sexual encounters outside their union. His defence said this was his way of coping with his challenging existence. The defendant had informed a mental health expert that once a year he engaged in commercial sex on his birthday. His legal representatives stated to the court he had joint inflammation resulting from the pressure of the first trial.