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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 10 years.

Appeal Trial

The defendant, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in southern France in the early hours of 29 June 2019.

The court heard that the accused, a married father, reached out to the victim's husband at the time, the husband, in an online chatroom called “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife once he had drugged her into a deep sleep.

We expect the jury will affirm that in this country, fundamental rights are also rights of women – that agreement is personal, not transferred,” declared the victim's lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Background

The husband, a notorious sexual predators in modern French history, was sentenced to twenty years in prison last year for incapacitating his then wife and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of nearly ten years of their union.

Fifty other men were found guilty in a notable trial last year, and Dogan was the only man to contest his sentence. He was first given a sentence to nine years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot graphic images and then driven an hour from his town in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

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

The proceedings became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to assert he was not guilty and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the room, his conduct had been permissible.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator committed rape multiple times over a period of what authorities reported was 3.5 hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

The defendant informed the court the videos were simply “sexual encounters” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that lady.”

Victim's Response

The victim, who was applauded upon leaving court each day by crowds present to stand with her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. At what point did I give you permission? At no time.”

The victim, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is possibly in the course of that, possibly propelled by the collective awareness brought by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a culture of consent.”

The prosecutor said to the defendant: “While you reject it, it’s not just a individual, it’s an whole sordid social system 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 concierge. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged 10. When he was seventeen he was stopped by police for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a son with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His defence said this was his method of dealing with his difficult circumstances. Dogan had told a evaluator that each year he sought commercial sex on his birthday. His legal representatives told the court he had joint inflammation triggered by the pressure of the original case.