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A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and has had his incarceration period extended to ten years.

Appeal Trial

Dogan, forty-four, 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 five men and four women, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a family man, reached out to the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was recruiting men to visit his house to assault his wife once he had sedated her into a unconscious state.

We trust the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” stated the victim's lawyer, her legal representative. “Agreement is secured personally and not by proxy from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the town of the village of Mazan over a period of nearly ten years of their union.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his sentence. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to 10 years.

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

Testimony and Proof

The defendant had first sent the husband graphic images and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from isolation in prison to briefly give evidence at the retrial, told the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve put her to sleep unbeknownst to her.”

The courtroom became a key topic for a broader debate on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The panel in the Nîmes appeals court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a deep sleep, while a grinning the perpetrator performed assault multiple times over a period of what police said was several hours. The judge said she had been at risk of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant informed the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had invited him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” the accused stated to the court. “I carried on because he reassured me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon exiting the courtroom each day by onlookers present to back her, said to the defendant in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to assault an incapacitated woman. How could I have give you permission? Not once.”

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

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s unwillingness to take accountability showed that: “The shame remains. The public is maybe in the midst of that, perhaps motivated by the societal understanding brought by the exposure of your case.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie told Dogan: “While you reject it, it’s not just a individual, it’s an entire sordid social system that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five relocated to France, where his parent worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was stopped by authorities for drug trafficking and his father forced him to leave the family house. He was incarcerated in prison for narcotics offenses in his young adulthood and had worked as a builder but had faced periods of living on the streets.

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 testimony revealed his spouse did not know he had repeated extramarital activities beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had told a mental health expert that once a year he looked for commercial sex on his special day. His legal representatives told the court he had a medical condition caused by the stress of the first trial.