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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his prison sentence extended to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a family man, made contact with the victim's then husband, the husband, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to visit his house to rape his wife once he had drugged her into a deep sleep.

We expect the court will say loud and clear that in this nation, fundamental rights are also women’s rights – that permission is personal, not delegated,” said the victim's attorney, her legal representative. “Agreement is received personally and not by proxy from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his spouse and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the only man to appeal against his sentence. He was initially given a sentence to 9 years in prison, a sentence enhanced on Thursday to ten years.

The state's attorney, Dominique Sie, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his town in Provence to rape the victim, after notifying his wife he was stepping out, the evidence indicated.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, stated to the court that the accused had understood his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was innocent and had not perpetrated assault, contending that because the victim's husband had welcomed him into the room, his behavior had been acceptable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation multiple times over a duration of what police said was three and a half hours. The presiding judge said she had been at peril of death by asphyxiation. The state's case said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I did not commit rape.” He said the victim's husband had invited him to the home, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” the accused stated to the court. “I proceeded because he reassured me.”

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

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by crowds gathered to back her, addressed Dogan in court: “You do not grasp. When will you acknowledge you violated me? It is unlawful to assault an unaware woman. How could I have give you consent? Not once.”

Gisèle Pelicot, 72, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

Sie, turning to the victim in court, said Dogan’s unwillingness to take responsibility showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, maybe propelled by the societal understanding spurred by the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an whole sordid societal structure that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began consuming marijuana at the age of ten. When he was 17 he was caught by police for drug trafficking and his parent evicted him the family house. He served time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular sexual encounters outside their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had told a court psychologist that annually he looked for transactional encounters on his special day. His attorneys stated to the court he had joint inflammation caused by the anxiety of the first trial.