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A defendant was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his prison sentence raised to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of five men and four women, joined by three judges, ruled against Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that Dogan, a family man, made contact with the victim's then husband, Dominique Pelicot, in an internet forum titled “without her knowledge”, where the husband was recruiting men to come to his home to assault his wife once he had sedated her into a deep sleep.

“We hope the court will say loud and clear that in this nation, fundamental rights are also rights of women – that consent is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is received directly and not by proxy from a husband.”

Background

The ex-husband, one of the worst sex offenders in modern French history, was handed a sentence to two decades in prison last year for drugging his spouse and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the only man to contest his sentence. He was originally handed a term to nine years in prison, a sentence enhanced on Thursday to 10 years.

The chief prosecutor, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the hearing, informed the court that Dogan had known his wife had been “incapacitated” and he said to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her knowledge.”

The proceedings became a focus point for a larger conversation on sexual violence norms in society as the defendant continued to claim he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, sedated and snoring in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a timeframe of what police said was three and a half hours. The presiding judge said she had been at risk of fatal outcome by choking. The state's case said there was absolute certainty that she had been unaware and had not consented.

Defendant's Statements

The defendant told the court the recordings were simply “sex scenes” and disputed it was violation. He said what he did was “an intimate behavior”, not rape. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was acceptable. He said he was deceived by the husband. “I tried to halt,” the accused told the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that lady.”

Victim's Response

Gisèle Pelicot, who was supported upon departing the trial each day by supporters gathered to stand with her, said to Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to rape an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. Society is maybe in the midst of that, perhaps motivated by the public consciousness resulting from the publication of your situation.”

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

The prosecutor said to the defendant: “For as much as you reject it, it’s not just a woman, it’s an complete disturbing social system that you are supporting.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was apprehended by police for selling narcotics and his parent evicted him the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had experienced periods of living on the streets.

He was married and had a son with special needs, 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 intimate relations outside their union. His legal team said this was his method of dealing with his stressful life. The defendant had told a evaluator that annually he looked for commercial sex on his special day. His attorneys stated to the court he had a medical condition caused by the pressure of the original case.