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An individual was convicted on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his incarceration period raised to ten years.

Higher Court Case

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

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting the victim in her residence in southern France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, connected with the victim's then husband, Dominique Pelicot, in an internet forum named “without her consent”, where Pelicot was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a unconscious state.

We expect the court will affirm that in this country, fundamental rights are also women’s rights – that agreement is individual, not given by another,” stated Gisèle Pelicot’s attorney, Antoine Camus. “Permission is received personally and not by proxy from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and inviting numerous individuals to rape her in her home in the town of Mazan over a span of nearly ten years of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and the appellant was the single defendant to challenge his verdict. He was originally given a sentence to 9 years in prison, a punishment increased on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the hearing, informed the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I seek someone to assault my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not committed rape, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s limp body, sedated and snoring in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a period of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by choking. The state prosecution said there was no question that she had been unconscious and had not given permission.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and rejected it was assault. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was manipulated by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to harm that individual.”

Victim's Response

The survivor, who was supported upon departing the trial each day by onlookers present to back her, told the defendant in court: “You do not grasp. When will you acknowledge you violated me? It is illegal to assault an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. The public is possibly in the process of that, possibly propelled by the collective awareness resulting from the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

Sie addressed Dogan: “For as much as you deny it, it’s not just a woman, it’s an complete disturbing social system that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five came to the nation of France, where his father worked as a concierge. The evidence indicated that his parent was abusive and that the defendant began consuming marijuana aged ten. When he was seventeen he was stopped by police for dealing drugs and his parent kicked him out the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of homelessness.

He was married and had a child with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The evidence showed his wife did not know he had repeated intimate relations beyond their marriage. His defence said this was his way of coping with his challenging existence. The defendant had informed a court psychologist that annually he looked for paid sex on his special day. His lawyers told the court he had arthritis caused by the anxiety of the initial proceedings.