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An individual was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period increased to 10 years.

Retrial Proceedings

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in Provence in the morning of June 29, 2019.

The evidence showed that the accused, a family man, reached out to the victim's spouse, the husband, in an digital platform named “without her consent”, where the husband was recruiting men to come to his home to assault his wife once he had drugged her into a comatose state.

We expect the court will declare that in this nation, fundamental rights are also rights of women – that consent is personal, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained directly and not through someone else from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for incapacitating his wife at the time and bringing in multiple perpetrators to rape her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the only man to challenge his conviction. He was originally given a sentence to 9 years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in Provence to rape Gisèle Pelicot, after notifying his wife he was stepping out, the court heard.

Pelicot, who was brought from solitary confinement in prison to temporarily give evidence at the appeal trial, told the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a key topic for a broader debate on rape culture in society as Dogan continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had allowed him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of the victim's limp body, sedated and snoring in a unconscious condition, while a smiling the perpetrator performed assault repeatedly over a duration of what investigators stated was three and a half hours. The judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan stated to the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. 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 final statement to the court, the defendant said: “I did not intend to harm that individual.”

Victim's Response

The victim, who was applauded upon exiting the courtroom each day by crowds gathered to back her, addressed Dogan in court: “You haven’t understood. When will you admit you raped me? It is unlawful to rape an unaware woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to privacy 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 perhaps in the course of that, possibly driven by the societal understanding spurred by the publication of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a concierge. The court heard that his father was aggressive and that Dogan began using drugs at the age of ten. When he was seventeen he was apprehended by police for drug trafficking and his father forced him to leave the family house. He spent time in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

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 wife did not know he had regular intimate relations outside their union. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had informed a court psychologist that annually he engaged in transactional encounters on his special day. His legal representatives informed the court he had a medical condition caused by the anxiety of the original case.