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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and has had his incarceration period extended to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in Provence in the morning of June 29, 2019.

The evidence showed that Dogan, a family man, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom called “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a comatose state.

We expect the panel will say loud and clear that in this nation, human rights are also rights of women – that agreement is individual, not given by another,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is secured personally and not via a representative from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in modern French history, was given a prison term to two decades in prison last year for incapacitating his then wife and soliciting multiple perpetrators to sexually assault her in her home in the community of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the single defendant to challenge his verdict. He was first handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in Provence to rape Gisèle Pelicot, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, informed the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a focus point for a wider discussion on sexual violence norms in society as Dogan continued to assert he was not guilty and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the residence, his conduct had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a smiling Dogan performed assault repeatedly over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of death by asphyxiation. The state's case said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I tried to halt,” the accused informed the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I had no desire to injure that lady.”

Pelicot's Words

The survivor, who was cheered upon departing the trial each day by supporters present to support her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to assault an unaware woman. When did I ever give you consent? At no time.”

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

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the course of that, possibly driven by the public consciousness spurred by the revelation of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still common in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a person, it’s an complete sordid cultural framework that you are supporting.”

Biographical Details

Dogan was originated from Turkey and at the age of 5 moved to France, where his father worked as a building manager. The testimony revealed that his parent was violent and that the defendant began consuming marijuana at the age of ten. When he was seventeen he was stopped by authorities for drug trafficking and his parent evicted him the family house. He spent time in prison for trafficking in his young adulthood and had worked as a builder but had experienced periods of homelessness.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had told a mental health expert that each year he sought paid sex on his birthday. His legal representatives told the court he had a medical condition triggered by the pressure of the original case.