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A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence increased to a decade.

Appeal Trial

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her home in southern France in the morning of 29 June 2019.

The testimony revealed that the accused, a married father, connected with the victim's husband at the time, the husband, in an online chatroom titled “unbeknownst to her”, where the husband was seeking men to visit his house to assault his wife once he had sedated her into a comatose state.

“We hope the panel will affirm that in this society, human rights are also women’s rights – that permission is personal, not delegated,” declared the victim's attorney, her legal representative. “Permission is received personally and not by proxy from a husband.”

Context

Dominique Pelicot, one of the worst sex offenders in modern French history, was sentenced to 20 years in prison last year for sedating his wife at the time and soliciting numerous individuals to sexually assault her in her home in the community of Mazan over a period of many years of their union.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to appeal against his conviction. He was initially sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

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

The ex-husband, who was brought from isolation in prison to temporarily give evidence at the appeal trial, informed the court that the accused had been aware his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve sedated her without her knowledge.”

The proceedings became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was innocent and had not engaged in violation, stating that because the victim's husband had welcomed him into the residence, his conduct had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a smiling Dogan committed rape multiple times over a timeframe of what investigators stated was several hours. The presiding judge said she had been at peril of death by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant informed the court the footage were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said the victim'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 informed 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 injure that woman.”

Survivor's Statement

The survivor, who was applauded upon exiting the courtroom each day by onlookers gathered to back her, said to Dogan in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to assault an incapacitated woman. When did I ever give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Legal Commentary

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, maybe propelled by the collective awareness spurred by the revelation of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

Sie said to Dogan: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole sordid cultural framework that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 came to France, where his parent worked as a caretaker. The court heard that his father was aggressive and that Dogan began using drugs aged ten. When Dogan was 17 he was apprehended by authorities for dealing drugs and his father evicted him the family house. He served time in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The court heard his wife did not know he had regular extramarital activities outside their marriage. His defence said this was his method of dealing with his stressful life. Dogan had stated to a mental health expert that once a year he engaged in commercial sex on his birthday. His legal representatives stated to the court he had a medical condition caused by the stress of the initial proceedings.