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A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and has had his incarceration period increased to a decade.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A panel of nine jurors, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was recruiting men to come to his home to assault his wife after he had drugged her into a comatose state.

We expect the panel will declare that in this society, fundamental rights are also women’s rights – that agreement is personal, not delegated,” said the victim's attorney, Antoine Camus. “Permission is secured directly and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and bringing in numerous individuals to rape her in her home in the town of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the sole individual to challenge his sentence. He was first handed a term to nine years in prison, a punishment increased on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any blame”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly give evidence at the hearing, informed the court that Dogan had understood his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a focus point for a broader debate on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his actions had been acceptable.

The panel in the higher court was presented with visual proof of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan committed rape multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at danger of death by suffocation. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the footage were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I proceeded because he reassured me.”

Inquired if he wanted to make a last words to the court, Dogan said: “I did not intend to injure that lady.”

Survivor's Statement

The survivor, who was supported upon exiting the courtroom each day by supporters gathered to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you raped me? It is illegal to assault an unconscious woman. How could I have give you consent? Never.”

Gisèle Pelicot, 72, became an symbol of resistance after she relinquished her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The public is possibly in the course of that, perhaps motivated by the collective awareness spurred by the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “For as much as you deny it, it’s not just a individual, it’s an complete sordid cultural framework that you are supporting.”

Personal History

The accused was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The court heard that his father was abusive and that the defendant began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for selling narcotics and his parent evicted him the residence. He was incarcerated 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 son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had frequent intimate relations outside their marriage. His defence said this was his method of dealing with his stressful life. Dogan had stated to a mental health expert that each year he engaged in paid sex on his birthday. His lawyers informed the court he had joint inflammation triggered by the pressure of the initial proceedings.