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An individual was convicted on appeal of sexually assaulting Gisele Pelicot after she was sedated by her then-husband – and has had his jail term extended to 10 years.

Retrial Proceedings

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in southern France in the morning of 29 June 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was recruiting men to come to his home to assault his wife after he had drugged her into a unconscious state.

We trust the jury will say loud and clear that in this society, human rights are also rights of women – that agreement is personal, not delegated,” declared the victim's lawyer, her legal representative. “Agreement is secured personally and not through someone else from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to twenty years in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the town of Mazan over a duration of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the single defendant to contest his sentence. He was initially sentenced to 9 years in prison, a sentence raised on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to briefly provide testimony at the retrial, told the court that Dogan had understood his wife had been “sedated” and he said to men by phone: “I want someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was shown visual proof of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a duration of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the recordings were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I never wanted to harm that woman.”

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by supporters present to back her, said to Dogan in court: “You haven’t understood. When will you admit you violated me? It is unlawful to assault an unconscious woman. At what point did I give you permission? At no time.”

The victim, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “The shame remains. The community is maybe in the midst of that, possibly propelled by the public consciousness spurred by the publication of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a culture of consent.”

Sie addressed Dogan: “As long as you deny it, it’s not just a woman, it’s an entire sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his father worked as a caretaker. The evidence indicated that his father was violent and that the defendant began using drugs at the age of 10. When he was 17 he was stopped by police for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent extramarital activities outside their union. His legal team said this was his strategy for managing with his stressful life. The defendant had stated to a mental health expert that annually he looked for paid sex on his special day. His attorneys informed the court he had arthritis triggered by the anxiety of the first trial.