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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and has had his incarceration period raised to a decade.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

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

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform named “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

We trust the jury will declare that in this nation, fundamental rights are also rights of women – that agreement is personal, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not by proxy from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for incapacitating his spouse and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the only man to challenge his verdict. He was first sentenced to 9 years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, informed the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I seek someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a wider discussion on societal attitudes in society as Dogan continued to say he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been justifiable.

The jury in the higher court was displayed video evidence of the victim's limp body, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault on several occasions over a timeframe of what police said was 3.5 hours. The judge said she had been at risk of death by suffocation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan informed the court the footage were simply “intimate moments” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers present to back her, said to the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to rape an unconscious woman. How could I have give you agreement? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The community is maybe in the midst of that, possibly driven by the public consciousness brought by the exposure of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie told Dogan: “While you reject it, it’s not just a person, it’s an entire disturbing social system that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a caretaker. The evidence indicated that his father was abusive and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was caught by police for dealing drugs and his father evicted him the residence. He served time in prison for drug dealing in his early 20s and had worked as a laborer but had faced periods of living on the streets.

He was married 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 spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that each year he looked for paid sex on his birthday. His attorneys stated to the court he had arthritis resulting from the stress of the initial proceedings.