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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and was given his prison sentence raised to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the early hours of June 29, 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a unconscious state.

We trust the jury will declare that in this nation, fundamental rights are also rights of women – that permission is individual, not transferred,” said Gisèle Pelicot’s lawyer, her legal representative. “Consent is received personally and not by proxy from a spouse.”

Background

The husband, a notorious sexual predators in France's contemporary records, 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 town of Mazan over a period of many years of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was originally handed a term to nine years in prison, a penalty raised on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his village in Provence to assault the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly provide testimony at the hearing, informed the court that the accused had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a larger conversation on rape culture in society as the defendant continued to claim he was not guilty and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been justifiable.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a deep sleep, while a smiling the perpetrator committed rape repeatedly over a duration of what police said was three and a half hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was no question that she had been unconscious and had not agreed.

Dogan's Claims

Dogan stated to the court the footage were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that lady.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by supporters present to back her, told Dogan in court: “You do not grasp. When are you going to recognise you raped me? It is unlawful to assault an unconscious woman. How could I have give you permission? 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.”

Prosecutor's Remarks

Sie, turning to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is maybe in the process of that, maybe propelled by the public consciousness brought by the publication of your situation.”

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

The prosecutor addressed the defendant: “For as much as you reject it, it’s not just a person, it’s an whole unpleasant cultural framework that you are supporting.”

Personal History

The accused was born in Turkey and at the age of five came to France, where his parent worked as a caretaker. The evidence indicated that his parent was aggressive and that the defendant began smoking cannabis at the age of 10. When Dogan was 17 he was apprehended by police for drug trafficking and his parent kicked him out of home. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had faced periods of being unhoused.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent extramarital activities outside their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a mental health expert that annually he sought commercial sex on his birthday. His lawyers stated to the court he had joint inflammation triggered by the anxiety of the initial proceedings.