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A man has been found guilty on appeal of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and has had his jail term increased to a decade.

Appeal Trial

Dogan, forty-four, an out-of-work construction worker, who had appealed his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an internet forum called “without her consent”, where Pelicot was recruiting men to visit his house to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will say loud and clear that in this nation, human rights are also women’s rights – that agreement is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Permission is secured personally and not via a representative from a spouse.”

Background

The husband, one of the worst sexual predators in France's contemporary records, was sentenced to 20 years in prison last year for drugging his spouse and inviting dozens of men to sexually assault her in her home in the town of Mazan over a span of almost a decade of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and the appellant was the sole individual to challenge his conviction. He was first handed a term to 9 years in prison, a penalty enhanced on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had contended he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Courtroom Details

Dogan had first sent the husband graphic images and then driven an hour from his residence in Provence to assault Gisèle Pelicot, after informing his wife he was going out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the retrial, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a central issue for a wider discussion on societal attitudes in society as Dogan continued to assert he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his actions had been acceptable.

The panel in the higher court was presented with video evidence of the victim's unconscious figure, sedated and breathing heavily in a comatose state, while a grinning the perpetrator committed rape on several occasions over a duration of what authorities reported was several hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not given permission.

Dogan's Claims

Dogan stated to the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I am innocent of assault.” He said the victim's husband had allowed him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” Dogan stated to the court. “I continued because he reassured me.”

Asked if he wanted to make a last words to the court, the defendant said: “I never wanted to injure that lady.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by onlookers present to stand with her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an unconscious woman. When did I ever give you agreement? 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: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, speaking to the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is maybe in the midst of that, possibly motivated by the public consciousness spurred by the publication of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an entire sordid cultural framework that you are upholding.”

Personal History

The accused was born in Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began consuming marijuana aged 10. When Dogan was seventeen he was caught by police for dealing drugs and his parent kicked him out of home. He was incarcerated in prison for drug dealing in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had frequent intimate relations outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had told a evaluator that each year he engaged in commercial sex on his special day. His attorneys told the court he had joint inflammation triggered by the pressure of the initial proceedings.