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An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her husband – and has had his prison sentence raised to 10 years.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was recruiting men to come to his home to assault his wife after he had sedated her into a unconscious state.

We expect the panel will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not given by another,” stated the victim's lawyer, Antoine Camus. “Agreement is secured personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was handed a sentence to twenty years in prison last year for drugging his spouse and bringing in multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a period of almost a decade of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to appeal against his conviction. He was originally sentenced to nine years in prison, a punishment enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his village in Provence to assault the victim, after informing his wife he was going out, the court heard.

Pelicot, who was brought from isolation in prison to briefly give evidence at the appeal trial, informed the court that the accused had known his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve put her to sleep without her consent.”

The trial became a focus point for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed video evidence of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a grinning Dogan engaged in violation multiple times over a timeframe of what investigators stated was three and a half hours. The presiding judge said she had been at danger of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

Dogan stated to the court the recordings were simply “intimate moments” and denied it was violation. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was influenced by the husband. “I attempted to cease,” the accused told the court. “I proceeded because he persuaded me.”

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

Pelicot's Words

The survivor, who was cheered upon leaving court each day by onlookers gathered to support her, said to the defendant in court: “You haven’t understood. When will you admit you violated me? It is illegal to assault an unaware woman. When did I ever give you permission? At no time.”

The victim, 72, became an global icon after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's refusal to take accountability showed that: “The shame remains. Society is maybe in the process of that, perhaps motivated by the societal understanding resulting from the revelation of your case.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still common in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The court heard that his parent was abusive and that Dogan began using drugs aged 10. When he was 17 he was stopped by police for drug trafficking and his parent kicked him out the family house. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with special needs, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated intimate relations beyond their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had informed a evaluator that annually he sought commercial sex on his special day. His legal representatives informed the court he had arthritis triggered by the anxiety of the initial proceedings.