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A man was convicted on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his jail term extended to a decade.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

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

The testimony revealed that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an internet forum titled “without her consent”, where Pelicot was seeking men to come to his home to assault his wife once he had sedated her into a unconscious state.

We trust the panel will affirm that in this nation, human rights are also rights of women – that permission is individual, not delegated,” stated the victim's attorney, her legal representative. “Agreement is received directly and not through someone else from a spouse.”

Context

The husband, one of the worst sexual predators in France's contemporary records, was given a prison term to 20 years in prison last year for sedating his spouse and bringing in dozens of men to rape her in her home in the community of Mazan over a duration of many years of their union.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the only man to contest his conviction. He was first sentenced to 9 years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then driven an hour from his town in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The trial became a central issue for a broader debate on sexual violence norms in society as the defendant continued to say he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a grinning the perpetrator committed rape repeatedly over a timeframe of what investigators stated was three and a half hours. The judge said she had been at danger of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “intimate moments” and denied it was violation. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I continued because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters gathered to support her, said to Dogan in court: “You haven’t understood. When will you admit you assaulted me? It’s a crime to rape an incapacitated woman. How could I have give you consent? Never.”

The victim, 72, 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

Sie, turning to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe motivated by the public consciousness spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told Dogan: “As long as you deny it, it’s not just a person, it’s an whole sordid societal structure that you are supporting.”

Defendant's Background

Dogan was born in Turkey and at the age of five relocated to the nation of France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was stopped by authorities for dealing drugs and his father evicted him the residence. He served time in prison for trafficking in his early 20s and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters beyond their marriage. His defence said this was his strategy for managing with his challenging existence. Dogan had stated to a evaluator that annually he engaged in paid sex on his birthday. His attorneys told the court he had joint inflammation caused by the stress of the initial proceedings.