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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and was given his prison sentence increased to 10 years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

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

The testimony revealed that the accused, a married father, reached out to Gisèle Pelicot’s husband at the time, the husband, in an digital platform named “without her consent”, where the husband was seeking men to visit his house to rape his wife once he had drugged her into a comatose 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 Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not through someone else from a husband.”

Background

The husband, a notorious sexual predators in France's contemporary records, was sentenced to two decades in prison last year for sedating his then wife and bringing in numerous individuals to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the single defendant to appeal against his conviction. He was originally given a sentence to 9 years in prison, a sentence enhanced on Thursday to a decade.

The chief prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

Dogan had first sent the husband graphic images and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly testify at the hearing, told the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The trial became a focus point for a larger conversation on societal attitudes in society as Dogan continued to say he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the room, his conduct had been acceptable.

The jury in the higher court was shown video evidence of the victim's limp body, comatose and snoring in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a period of what investigators stated was 3.5 hours. The judge said she had been at peril of fatal outcome by choking. The state's case said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

Dogan told the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that individual.”

Pelicot's Words

The victim, who was cheered upon exiting the courtroom each day by onlookers gathered to support her, told the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the midst of that, possibly motivated by the public consciousness resulting from the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

The prosecutor told the defendant: “While you refuse to admit it, it’s not just a person, it’s an entire sordid social system that you are supporting.”

Biographical Details

The accused was born in Turkey and at the age of 5 relocated to France, where his father 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 17 he was stopped by police for selling narcotics and his parent kicked him out the residence. He served time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had frequent sexual encounters outside their marriage. His defence said this was his strategy for managing with his stressful life. Dogan had told a mental health expert that each year he engaged in paid sex on his special day. His legal representatives stated to the court he had arthritis triggered by the stress of the first trial.