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A defendant was convicted on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her then-husband – and received his jail term extended to 10 years.

Retrial Proceedings

Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a new trial this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of 29 June 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, the husband, in an digital platform called “without her knowledge”, where Pelicot was seeking men to enter his residence to assault his wife after he had rendered her unconscious into a deep sleep.

We trust the jury will affirm that in this nation, human rights are also rights of women – that agreement is individual, not given by another,” said Gisèle Pelicot’s attorney, her legal representative. “Agreement is secured directly and not through someone else from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in modern French history, was handed a sentence to 20 years in prison last year for drugging his spouse and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the only man to contest his verdict. He was originally handed a term to 9 years in prison, a punishment raised on Thursday to ten years.

The state's attorney, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Evidence Presented

The defendant had initially sent the husband graphic images and then driven an hour from his town in Provence to assault the victim, after informing his wife he was stepping out, the court heard.

The ex-husband, who was transported from solitary confinement in prison to briefly testify at the hearing, informed the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a grinning the perpetrator performed assault repeatedly over a period of what police said was several hours. The presiding judge said she had been at peril of death by suffocation. The state's case said there was no doubt that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “sexual encounters” and rejected it was assault. He said what he did was “a sexual act”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was manipulated by the husband. “I wanted to stop,” the accused informed the court. “I carried on because he convinced me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that lady.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by crowds present to back her, addressed the defendant in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. How could I have give you consent? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, maybe driven by the collective awareness spurred by the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “While you reject it, it’s not just a individual, it’s an entire disturbing social system that you are endorsing.”

Defendant's Background

The accused was originated from 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 aggressive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was caught by police for drug trafficking and his parent kicked him out of home. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the principal carer for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had repeated sexual encounters beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had told a mental health expert that once a year he sought paid sex on his special day. His lawyers told the court he had joint inflammation resulting from the pressure of the initial proceedings.