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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his prison sentence raised to 10 years.

Higher Court Case

The defendant, 44, an unemployed builder, who had contested his first conviction last year, underwent a retrial this week at the Nîmes court of appeal.

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

The court heard that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum titled “without her knowledge”, where Pelicot was seeking men to come to his home to rape his wife after he had rendered her unconscious into a deep sleep.

We trust the court will say loud and clear that in this country, fundamental rights are also rights of women – that consent is individual, not given by another,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is secured directly and not by proxy from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in recent French history, was sentenced to 20 years in prison last year for sedating his then wife and soliciting numerous individuals to rape her in her home in the Provence village of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found culpable in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was first given a sentence to nine years in prison, a sentence increased on Thursday to 10 years.

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

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his residence in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the hearing, told the court that the accused had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a broader debate on rape culture in society as Dogan continued to assert he was blameless and had not committed rape, contending that because the victim's husband had welcomed him into the residence, his actions had been justifiable.

The jury in the higher court was shown visual proof of the victim's unconscious figure, unconscious and snoring in a comatose state, while a smiling the perpetrator performed assault on several occasions over a duration of what investigators stated was three and a half hours. The court official said she had been at danger of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Defendant's Statements

Dogan told the court the recordings were simply “sex scenes” and rejected it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a final statement to the court, the defendant said: “I did not intend to injure that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by onlookers present to support her, said to the defendant in court: “You haven’t understood. When are you going to recognise you violated me? It is illegal to rape an unaware woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the process of that, perhaps driven by the public consciousness spurred by the publication of your ordeal.”

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

The prosecutor addressed the defendant: “As long as you deny it, it’s not just a woman, it’s an entire sordid societal structure that you are upholding.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a building manager. The evidence indicated that his father was abusive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was caught by police for selling narcotics and his parent forced him to leave the family house. He spent time in prison for narcotics offenses in his early 20s and had worked as a laborer but had experienced periods of being unhoused.

He was married and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his method of dealing with his challenging existence. The defendant had told a court psychologist that annually he engaged in transactional encounters on his birthday. His lawyers informed the court he had joint inflammation caused by the pressure of the original case.