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An individual was convicted on retrial of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and received his prison sentence extended to a decade.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in southern France in the morning of June 29, 2019.

The evidence showed that the accused, a family man, made contact with the victim's husband at the time, the husband, in an online chatroom titled “without her consent”, where Pelicot was seeking men to enter his residence to rape his wife after he had sedated her into a unconscious state.

“We hope the jury will affirm that in this nation, human rights are also rights of women – that consent is personal, not transferred,” declared Gisèle Pelicot’s lawyer, her legal representative. “Agreement is obtained directly and not through someone else from a husband.”

Context

The husband, a notorious sex offenders in modern French history, was given a prison term to 20 years in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of nearly ten years of their union.

Fifty other men were found guilty in a widely publicized trial last year, and Dogan was the sole individual to contest his sentence. He was originally given a sentence to nine years in prison, a penalty enhanced on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “completely denies to take any responsibility”.

Courtroom Details

The defendant had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

The ex-husband, who was brought from isolation in prison to temporarily testify at the hearing, stated to the court that the accused had been aware his wife had been “drugged” and he told to men by phone: “I want someone to abuse my wife after I’ve put her to sleep without her consent.”

The proceedings became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his conduct had been acceptable.

The panel in the higher court was shown recorded footage of the victim's unconscious figure, sedated and breathing heavily in a unconscious condition, while a grinning the perpetrator engaged in violation repeatedly over a timeframe of what investigators stated was several hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Dogan's Claims

Dogan informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was permissible. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan stated to the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I had no desire to injure that woman.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by supporters present to back her, said to the defendant in court: “You fail to comprehend. When will you acknowledge you assaulted me? It is illegal to rape an incapacitated woman. When did I ever give you permission? Not once.”

The victim, 72, became an international feminist hero after she relinquished her right to privacy in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the course of that, maybe propelled by the societal understanding resulting from the revelation of your situation.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you refuse to admit it, it’s not just a individual, it’s an entire sordid social system that you are supporting.”

Biographical Details

The accused was originated from Turkey and at the age of 5 came to France, where his father worked as a building manager. The evidence indicated that his father was aggressive and that the defendant began using drugs aged 10. When he was seventeen he was apprehended by authorities for selling narcotics and his father kicked him out the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a construction worker but had experienced periods of homelessness.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The court heard his spouse did not know he had repeated intimate relations beyond their marriage. His defence said this was his strategy for managing with his challenging existence. The defendant had told a mental health expert that annually he looked for paid sex on his special day. His legal representatives informed the court he had a medical condition caused by the anxiety of the original case.