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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his incarceration period raised to a decade.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a retrial this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her home in Provence in the morning of 29 June 2019.

The evidence showed that the accused, a married father, made contact with the victim's spouse, the husband, in an internet forum titled “unbeknownst to her”, where Pelicot was recruiting men to visit his house to rape his wife after he had drugged her into a deep sleep.

“We hope the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that agreement is personal, not transferred,” stated the victim's lawyer, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Context

The husband, among the most severe sexual predators in modern French history, was sentenced to twenty years in prison last year for sedating his spouse and soliciting dozens of men to rape her in her home in the town of Mazan over a period of almost a decade of their union.

Dozens of additional defendants were found guilty in a high-profile trial last year, and Dogan was the only man to contest his sentence. He was initially sentenced to 9 years in prison, a sentence increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had initially sent the husband graphic images and then traveled an hour from his town in the region to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a central issue for a broader debate on sexual violence norms in society as Dogan continued to assert he was blameless and had not committed rape, stating that because the victim's husband had allowed him into the residence, his conduct had been acceptable.

The panel in the higher court was presented with visual proof of the victim's limp body, unconscious and snoring in a comatose state, while a grinning the perpetrator performed assault on several occasions over a period of what police said was several hours. The judge said she had been at danger of death by suffocation. The state prosecution said there was no doubt that she had been unconscious and had not given permission.

Dogan's Claims

The defendant informed the court the footage were simply “sexual encounters” and rejected it was assault. He said what he did was “an intimate behavior”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I tried to halt,” Dogan stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I did not intend to harm that individual.”

Survivor's Statement

The victim, who was supported upon departing the trial each day by supporters assembled to back her, said to the defendant in court: “You do not grasp. When will you acknowledge you assaulted 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 international feminist hero after she relinquished her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's failure to take responsibility showed that: “Shame has not yet changed sides. Society is possibly in the course of that, maybe motivated by the collective awareness spurred by the publication of your situation.”

Sie said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change the culture of violence to a society based on agreement.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire sordid cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his parent worked as a concierge. The evidence indicated that his father was abusive and that the defendant began using drugs aged 10. When he was 17 he was stopped by police for drug trafficking and his parent evicted him the residence. He served time in prison for drug dealing in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated sexual encounters beyond their marriage. His legal team said this was his method of dealing with his challenging existence. Dogan had stated to a mental health expert that each year he looked for paid sex on his birthday. His attorneys told the court he had arthritis caused by the anxiety of the initial proceedings.