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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and received his jail term increased to a decade.

Higher Court Case

Dogan, 44, an unemployed builder, 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 raping the victim in her residence in Provence in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with the victim's spouse, the husband, in an internet forum titled “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife after he had drugged her into a comatose state.

We trust the jury will affirm that in this country, human rights are also rights of women – that consent is individual, not transferred,” declared Gisèle Pelicot’s attorney, her legal representative. “Consent is secured personally and not by proxy from a husband.”

Background

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for incapacitating his wife at the time and inviting numerous individuals to sexually assault her in her home in the community of Mazan over a span of almost a decade of their union.

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

The chief prosecutor, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.

Courtroom Details

Dogan had first sent the husband graphic images and then traveled an hour from his town in the region to assault the victim, after telling his wife he was leaving, the court heard.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, told the court that the accused had known his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to say he was not guilty and had not engaged in violation, contending that because the victim's husband had allowed him into the bedroom, his conduct had been acceptable.

The panel in the higher court was displayed recorded footage of the victim's limp body, comatose and breathing heavily in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a duration of what investigators stated was several hours. The court official said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been unaware and had not consented.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I carried on because he convinced me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I had no desire to harm that individual.”

Pelicot's Words

Gisèle Pelicot, who was cheered upon departing the trial each day by crowds assembled to support her, addressed the defendant in court: “You do not grasp. When will you admit you violated me? It is illegal to assault an unconscious woman. At what point did I give you agreement? Never.”

The victim, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, speaking to the victim in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the process of that, maybe propelled by the public consciousness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an complete sordid cultural framework that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was stopped by authorities for dealing drugs and his parent kicked him out the residence. He was incarcerated in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a institution's dining hall. The evidence showed his wife did not know he had frequent extramarital activities beyond their marriage. His legal team said this was his method of dealing with his stressful life. Dogan had stated to a mental health expert that once a year he sought paid sex on his birthday. His legal representatives informed the court he had joint inflammation caused by the anxiety of the original case.