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A defendant was convicted on appeal of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his jail term increased to a decade.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in the south of France in the early hours of 29 June 2019.

The evidence showed that the accused, a married father, made contact with the victim's husband at the time, Dominique Pelicot, in an digital platform named “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife once he had sedated her into a comatose state.

“We hope the jury will affirm that in this country, human rights are also rights of women – that agreement is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Permission is secured directly and not by proxy from a husband.”

Background

Dominique Pelicot, among the most severe sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for incapacitating his spouse and inviting multiple perpetrators to rape her in her home in the town of Mazan over a period of many years of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the only man to challenge his conviction. He was originally handed a term to nine years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any accountability”.

Courtroom Details

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily testify at the appeal trial, informed the court that Dogan had known his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a wider discussion on sexual violence norms in society as Dogan continued to assert he was innocent and had not engaged in violation, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been permissible.

The jury in the higher court was shown video evidence of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what police said was 3.5 hours. The judge said she had been at danger of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Defendant's Statements

The defendant stated to the court the videos were simply “sexual encounters” and disputed it was violation. He said what he did was “a sexual act”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I tried to halt,” Dogan 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 never wanted to injure that individual.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by crowds gathered to back her, said to Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to assault an incapacitated woman. How could I have give you agreement? At no time.”

The victim, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, turning to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The public is perhaps in the course of that, maybe driven by the public consciousness spurred by the publication of your situation.”

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

The prosecutor addressed the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an complete sordid cultural framework that you are supporting.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five moved to France, where his parent worked as a building manager. The testimony revealed that his parent was violent and that the defendant began using drugs at the age of ten. When Dogan was seventeen he was apprehended by police for dealing drugs and his father 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 child with a genetic condition, who he was the principal carer for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters beyond their union. His defence said this was his strategy for managing with his challenging existence. The defendant had told a evaluator that once a year he looked for paid sex on his birthday. His lawyers stated to the court he had arthritis triggered by the pressure of the initial proceedings.