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A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and was given his jail term raised to a decade.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of four women and five men, joined by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an online chatroom called “without her knowledge”, where the husband was seeking men to enter his residence to assault his wife after he had sedated her into a deep sleep.

“We hope the panel will say loud and clear that in this society, human rights are also rights of women – that agreement is individual, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained personally and not via a representative from a husband.”

Context

Dominique Pelicot, a notorious sexual predators 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 sexually assault her in her home in the town of the village of Mazan over a span of nearly ten years of their union.

Dozens of additional defendants were found guilty in a widely publicized trial last year, and the appellant was the sole individual to contest his sentence. He was originally given a sentence to nine years in prison, a punishment raised on Thursday to 10 years.

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

Courtroom Details

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the hearing, told the court that Dogan had been aware his wife had been “drugged” and he said to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a broader debate on societal attitudes in society as the defendant continued to say he was innocent and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been permissible.

The panel in the higher court was presented with visual proof of the victim's limp body, sedated and snoring in a comatose state, while a smiling the perpetrator committed rape repeatedly over a timeframe of what investigators stated was several hours. The court official said she had been at risk of death by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

The defendant told the court the recordings were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused told the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that woman.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by onlookers gathered to support her, addressed the defendant in court: “You fail to comprehend. When will you admit you assaulted me? It is illegal to assault an unaware woman. When did I ever give you agreement? Not once.”

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

State's Argument

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “The shame remains. The community is maybe in the midst of that, possibly driven by the public consciousness resulting from the publication of your case.”

Sie said the defendant's claims of blamelessness showed how rape culture was still widespread in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor told the defendant: “While you reject it, it’s not just a person, it’s an entire unpleasant cultural framework that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of five relocated to France, where his father worked as a building manager. The evidence indicated that his parent was abusive and that the defendant began smoking cannabis aged 10. When he was seventeen he was caught by police for drug trafficking and his father forced him to leave of home. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his spouse did not know he had frequent sexual encounters beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had told a mental health expert that once a year he engaged in transactional encounters on his birthday. His legal representatives informed the court he had a medical condition resulting from the stress of the first trial.