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A man was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his jail term raised to ten years.

Appeal Trial

Dogan, forty-four, an unemployed builder, who had appealed his first conviction last year, underwent a retrial this week at the appeals court in Nîmes.

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

The testimony revealed that the accused, a married father, connected with the victim's then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was seeking men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the jury will declare that in this country, human rights are also rights of women – that permission is personal, not transferred,” stated the victim's lawyer, her legal representative. “Permission is received directly and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in modern French history, was handed a sentence to twenty years in prison last year for drugging his spouse and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the single defendant to appeal against his conviction. He was first handed a term to nine years in prison, a sentence enhanced on Thursday to a decade.

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

Courtroom Details

The defendant had first sent Dominique Pelicot graphic images and then driven an hour from his residence 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 temporarily provide testimony at the hearing, stated to the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The courtroom became a central issue for a larger conversation on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been justifiable.

The panel in the Nîmes appeals court was presented with visual proof of the victim's unconscious figure, comatose and snoring in a deep sleep, while a grinning Dogan performed assault on several occasions over a period of what authorities reported was several hours. The presiding judge said she had been at risk of death by suffocation. The prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “sex scenes” 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 OK. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that individual.”

Victim's Response

Gisèle Pelicot, who was cheered upon departing the trial each day by supporters present to support her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. How could I have give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero 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, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “The shame remains. Society is maybe in the midst of that, perhaps motivated by the public consciousness brought by the publication of your case.”

Sie said the defendant's claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a person, it’s an complete unpleasant social system that you are supporting.”

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 father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was apprehended by authorities for dealing drugs and his parent kicked him out of home. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a child with special needs, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his spouse did not know he had regular sexual encounters beyond their union. His defence said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that once a year he engaged in paid sex on his special day. His lawyers informed the court he had a medical condition triggered by the pressure of the first trial.