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A man has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and received his prison sentence increased to ten years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with the victim's spouse, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife once he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this country, human rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s attorney, her legal representative. “Consent is obtained directly and not through someone else from a husband.”

Context

The husband, one of the worst sexual predators in modern French history, was handed a sentence to two decades in prison last year for sedating his spouse and soliciting dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the single defendant to challenge his verdict. He was originally given a sentence to 9 years in prison, a punishment increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly give evidence at the appeal trial, informed the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, arguing that because the victim's husband had invited him into the residence, his conduct had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a grinning Dogan committed rape multiple times over a duration of what authorities reported was several hours. The judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no doubt that she had been unaware and had not given permission.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He declared 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 manipulated by the husband. “I wanted to stop,” Dogan stated to the court. “I proceeded because he reassured me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by crowds present to back her, told the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you consent? At no time.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Guilt has not shifted. Society is possibly in the course of that, perhaps motivated by the societal understanding spurred by the revelation of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie addressed the defendant: “As long as you reject it, it’s not just a individual, it’s an complete unpleasant societal structure that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 relocated to the nation of France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was apprehended by authorities for selling narcotics and his parent evicted him the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a builder but had experienced periods of living on the streets.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities outside their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a mental health expert that once a year he looked for commercial sex on his special day. His lawyers told the court he had joint inflammation triggered by the stress of the initial proceedings.