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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his prison sentence increased to ten years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had challenged his first conviction last year, faced a new trial 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 bedroom in southern France in the early hours of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s spouse, the husband, in an online chatroom titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a comatose state.

We trust the jury will say loud and clear that in this nation, fundamental rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not by proxy from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to twenty years in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and Dogan was the sole individual to challenge his sentence. He was initially sentenced to nine years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any blame”.

Courtroom Details

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his village in the region to rape Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, told the court that the accused had been aware his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of the victim's unresponsive form, sedated and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a duration of what police said was three and a half hours. The judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no doubt that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and denied it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I continued because he persuaded me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to hurt that individual.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by supporters present to back her, addressed the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is unlawful to assault an unaware woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. Society is possibly in the process of that, perhaps propelled by the collective awareness spurred by the exposure of your ordeal.”

Sie said the defendant's claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor told the defendant: “As long as you reject it, it’s not just a woman, it’s an complete disturbing social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The evidence indicated that his father was violent and that Dogan began consuming marijuana at the age of ten. When Dogan was seventeen he was caught by authorities for selling narcotics and his father evicted him the family house. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had frequent extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. The defendant had told a mental health expert that once a year he looked for paid sex on his birthday. His lawyers informed the court he had a medical condition caused by the stress of the original case.