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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and has had his jail term extended to 10 years.

Appeal Trial

Dogan, 44, an unemployed builder, who had contested his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of June 29, 2019.

The court heard that the accused, a family man, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where Pelicot was recruiting men to come to his home to assault his wife once he had sedated her into a comatose state.

We trust the jury will declare that in this society, human rights are also rights of women – that consent is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received directly and not through someone else from a spouse.”

Background

The husband, among the most severe sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to sexually assault her in her home in the town of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found convicted in a high-profile trial last year, and Dogan was the only man to appeal against his conviction. He was first sentenced to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

The defendant had first sent the husband inappropriate pictures and then traveled an hour from his village in Provence to assault the victim, after telling his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the appeal trial, informed the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the bedroom, his actions had been acceptable.

The jury in the higher court was presented with video evidence of the victim's unconscious figure, unconscious and snoring in a comatose state, while a smiling the perpetrator committed rape multiple times over a timeframe of what investigators stated was several hours. The court official said she had been at peril of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not consented.

Accused's Testimony

Dogan stated to the court the recordings were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to injure that woman.”

Victim's Response

The victim, who was supported upon leaving court each day by supporters assembled to support her, said to the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It is unlawful to assault an unaware woman. How could I have give you permission? Not once.”

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: “Shame must change sides.”

State's Argument

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. The community is perhaps in the course of that, perhaps propelled by the societal understanding spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed Dogan: “For as much as you deny it, it’s not just a woman, it’s an whole disturbing cultural framework that you are endorsing.”

Defendant's Background

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his father worked as a caretaker. The evidence indicated that his parent was violent and that the defendant began consuming marijuana aged 10. When he was seventeen he was apprehended by police for drug trafficking and his parent evicted him of home. He served time in prison for narcotics offenses in his early 20s and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a son with special needs, 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 frequent intimate relations outside their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had informed a evaluator that once a year he engaged in commercial sex on his birthday. His legal representatives stated to the court he had a medical condition resulting from the anxiety of the first trial.