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A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was sedated by her husband – and was given his prison sentence extended to ten years.

Appeal Trial

The defendant, 44, an unemployed builder, who had appealed his first conviction last year, experienced a new trial this week at the Nîmes court of appeal.

A panel of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, connected with the victim's then husband, the husband, in an digital platform titled “unbeknownst to her”, where the husband was seeking men to visit his house to rape his wife after he had rendered her unconscious into a unconscious state.

We trust the court will affirm that in this nation, fundamental rights are also women’s rights – that permission is individual, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Permission is obtained directly and not through someone else from a husband.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was given a prison term to two decades in prison last year for sedating his wife at the time and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a duration of nearly ten years of their union.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the sole individual to contest his verdict. He was first sentenced to 9 years in prison, a sentence raised on Thursday to ten years.

The lead state prosecutor, the prosecutor, had contended he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in the region to assault the victim, after informing his wife he was leaving, the court heard.

Pelicot, who was transported from isolation in prison to briefly provide testimony at the hearing, informed the court that the accused had known his wife had been “sedated” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a larger conversation on rape culture in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because the victim's husband had allowed him into the room, his behavior had been justifiable.

The panel in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, unconscious and snoring in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a duration of what investigators stated was three and a half hours. The presiding judge said she had been at peril of death by choking. The state's case said there was no question that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. 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 OK. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that lady.”

Victim's Response

The victim, who was supported upon leaving court each day by crowds assembled to stand with her, addressed Dogan in court: “You haven’t understood. When will you admit you violated me? It’s a crime to rape an incapacitated woman. At what point did I give you consent? Never.”

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

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Guilt has not shifted. The public is perhaps in the midst of that, perhaps driven by the societal understanding resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how societal tolerance was still common in society as part of “archaic” forms of “male domination”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant cultural framework that you are upholding.”

Personal History

Dogan was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that the defendant began using drugs at the age of 10. When he was seventeen he was apprehended by authorities for selling narcotics and his father evicted him of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities outside their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had stated to a mental health expert that each year he engaged in transactional encounters on his birthday. His attorneys told the court he had arthritis resulting from the pressure of the first trial.