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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and has had his incarceration period increased to 10 years.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in Provence in the early hours of June 29, 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an online chatroom named “without her knowledge”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a deep sleep.

We trust the panel will declare that in this country, human rights are also rights of women – that permission is individual, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Agreement is received directly and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sex offenders in France's contemporary records, was sentenced to two decades in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the community of the village of Mazan over a period of almost a decade of their union.

Fifty other men were found convicted in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was first sentenced to nine years in prison, a penalty raised on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

The ex-husband, who was transported from isolation in prison to briefly testify at the appeal trial, stated to the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a wider discussion on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, arguing that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The panel in the higher court was presented with video evidence of the victim's limp body, comatose and snoring in a unconscious condition, while a smiling Dogan committed rape repeatedly over a timeframe of what authorities reported was several hours. The court official said she had been at risk of death by suffocation. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the videos were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I carried on because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to hurt that woman.”

Survivor's Statement

The survivor, who was applauded upon leaving court each day by onlookers present to stand with her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to assault an incapacitated woman. At what point did I give you consent? At no time.”

The victim, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Shame has not yet changed sides. The public is maybe in the process of that, maybe propelled by the societal understanding brought by the publication of your situation.”

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

Sie 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

Dogan was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The court heard that his father was violent and that Dogan began smoking cannabis at the age of ten. When he was 17 he was apprehended by authorities for drug trafficking and his father evicted him the residence. He served time in prison for trafficking in his young adulthood and had worked as a builder but had faced periods of homelessness.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his spouse did not know he had frequent extramarital activities beyond their marriage. His defence said this was his way of coping with his challenging existence. Dogan had told a court psychologist that each year he sought transactional encounters on his special day. His attorneys stated to the court he had joint inflammation resulting from the stress of the original case.