🔗 Share this article

An individual has been found guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his prison sentence raised to a decade.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, faced a new trial this week at the higher court in Nîmes.

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

The evidence showed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum named “unbeknownst to her”, where Pelicot was looking for men to visit his house to assault his wife once he had drugged her into a deep sleep.

“We hope the court will declare that in this nation, fundamental rights are also women’s rights – that agreement is individual, not given by another,” declared the victim's lawyer, Antoine Camus. “Permission is secured directly and not by proxy from a spouse.”

Context

The husband, among the most severe sexual predators in France's contemporary records, was given a prison term to twenty years in prison last year for incapacitating his then wife and bringing in numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a span of almost a decade of their union.

Fifty other men were found culpable in a widely publicized trial last year, and the appellant was the only man to contest his verdict. He was initially sentenced to nine years in prison, a penalty increased on Thursday to ten years.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had initially sent Dominique Pelicot sexually explicit photos 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.

Pelicot, who was brought from segregation in prison to briefly give evidence at the appeal trial, stated to the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was not guilty and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was several hours. The judge said she had been at risk of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

The defendant stated to the court the recordings were simply “sexual encounters” and rejected it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a final statement to the court, the defendant said: “I never wanted to injure that lady.”

Victim's Response

The survivor, who was applauded upon exiting the courtroom each day by supporters assembled to back her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to rape an unaware woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's refusal to take blame showed that: “Shame has not yet changed sides. Society is maybe in the course of that, perhaps motivated by the societal understanding brought by the exposure of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change the culture of violence to a society based on agreement.”

The prosecutor addressed the defendant: “While you reject it, it’s not just a individual, it’s an whole unpleasant cultural framework that you are endorsing.”

Personal History

Dogan was born in the country of Turkey and at the age of 5 came to France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by police for selling narcotics and his parent evicted him the residence. He served time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities outside their marriage. His defence said this was his method of dealing with his difficult circumstances. Dogan had stated to a court psychologist that each year he engaged in transactional encounters on his special day. His legal representatives stated to the court he had joint inflammation resulting from the stress of the initial proceedings.