🔗 Share this article

A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and received his prison sentence extended to ten years.

Appeal Trial

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

A jury of five men and four women, sitting with three judges, convicted Dogan on Thursday of raping Pelicot in her residence in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's then husband, the husband, in an internet forum titled “without her consent”, where the husband was recruiting men to enter his residence to rape his wife after he had sedated her into a deep sleep.

“We hope the court will affirm that in this society, human rights are also rights of women – that permission is individual, not delegated,” stated the victim's attorney, her legal representative. “Consent is secured personally and not via a representative from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to two decades in prison last year for sedating his spouse and soliciting multiple perpetrators to rape 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 culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his conviction. He was initially sentenced to 9 years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent Dominique Pelicot inappropriate pictures and then traveled an hour from his village in the region to assault the victim, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the appeal trial, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to say he was innocent and had not committed rape, arguing that because the victim's husband had allowed him into the residence, his behavior had been acceptable.

The panel in the higher court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling Dogan performed assault multiple times over a timeframe of what police said was several hours. The presiding judge said she had been at peril of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that woman.”

Victim's Response

The survivor, who was cheered upon leaving court each day by crowds gathered to back her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The public is perhaps in the midst of that, possibly driven by the collective awareness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “While you reject it, it’s not just a woman, it’s an entire sordid social system that you are endorsing.”

Defendant's Background

The accused was originated from Turkey and at the age of five moved to France, where his father worked as a concierge. The evidence indicated that his father was violent and that the defendant began consuming marijuana at the age of ten. When he was 17 he was stopped by authorities for selling narcotics and his parent evicted him the residence. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that once a year he looked for paid sex on his special day. His attorneys stated to the court he had joint inflammation resulting from the pressure of the original case.