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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and was given his prison sentence extended to 10 years.

Higher Court Case

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

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

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom titled “without her consent”, where Pelicot was looking for men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will affirm that in this society, human rights are also rights of women – that agreement is individual, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received personally and not through someone else from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was sentenced to twenty years in prison last year for drugging his then wife and bringing in dozens of men to rape her in her home in the community of the village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to appeal against his verdict. He was initially given a sentence to nine years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault the victim, after notifying his wife he was going out, the evidence indicated.

The ex-husband, who was brought from segregation in prison to briefly provide testimony at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to assert he was innocent and had not perpetrated assault, arguing that because the victim's husband had invited him into the room, his conduct had been acceptable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a grinning the perpetrator performed assault multiple times over a period of what police said was several hours. The judge said she had been at risk of death by choking. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” Dogan informed the court. “I continued because he persuaded me.”

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

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by onlookers present to stand with her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to rape an unaware woman. At what point did I give you agreement? At no time.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the course of that, perhaps propelled by the societal understanding brought by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie said to Dogan: “While you deny it, it’s not just a individual, it’s an complete sordid social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five relocated to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was seventeen he was stopped by authorities for drug trafficking and his parent kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had repeated intimate relations outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a mental health expert that once a year he engaged in transactional encounters on his birthday. His legal representatives told the court he had joint inflammation triggered by the anxiety of the first trial.