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A man has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period increased to a decade.

Retrial Proceedings

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

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

The court heard that Dogan, a family man, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was looking for men to enter his residence to assault his wife once he had rendered her unconscious into a deep sleep.

We trust the court will affirm that in this nation, fundamental rights are also women’s rights – that agreement is individual, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is received directly and not via a representative from a spouse.”

Context

The ex-husband, among the most severe sex offenders in modern French history, was handed a sentence to 20 years in prison last year for drugging his then wife and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Fifty other men were found convicted in a notable trial last year, and Dogan was the only man to appeal against his verdict. He was initially sentenced to nine years in prison, a penalty raised on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

Dogan had first sent Dominique Pelicot graphic images and then traveled an hour from his village in Provence to assault the victim, after notifying his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily give evidence at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her without her knowledge.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not engaged in violation, stating that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling Dogan performed assault on several occasions over a timeframe of what police said was 3.5 hours. The court official said she had been at peril of death by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was OK. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he convinced me.”

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

Victim's Response

The victim, who was supported upon leaving court each day by crowds assembled to support her, told Dogan in court: “You do not grasp. When will you acknowledge you violated me? It’s a crime to rape an incapacitated woman. How could I have give you agreement? At no time.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, addressing the victim in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. Society is possibly in the process of that, perhaps propelled by the public consciousness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a person, it’s an whole unpleasant societal structure that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was caught by authorities for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for trafficking in his twenties and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had regular intimate relations beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. The defendant had informed a mental health expert that once a year he looked for commercial sex on his special day. His attorneys told the court he had arthritis caused by the anxiety of the first trial.