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A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her then-husband – and received his incarceration period extended to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A panel of four women and five men, sitting with three judges, convicted Dogan 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 married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform called “without her knowledge”, where Pelicot was recruiting men to enter his residence to rape his wife after he had sedated her into a comatose state.

“We hope the court will affirm that in this nation, human rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s lawyer, her legal representative. “Permission is received personally and not through someone else from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in modern French history, was sentenced to 20 years in prison last year for drugging his wife at the time and inviting multiple perpetrators to sexually assault her in her home in the town of Mazan over a span of many years of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and the appellant was the only man to challenge his sentence. He was first given a sentence to nine years in prison, a punishment enhanced on Thursday to 10 years.

The state's attorney, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

The defendant had first sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from segregation in prison to briefly testify at the appeal trial, told the court that Dogan had known his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a wider discussion on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unconscious figure, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

Dogan told the court the footage were simply “sexual encounters” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the house, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I did not intend to injure that woman.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by crowds present to back her, told Dogan in court: “You haven’t understood. When will you admit you raped me? It’s a crime to assault an incapacitated woman. When did I ever give you consent? Not once.”

The victim, seventy-two, became an symbol of resistance after she waived her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. Society is perhaps in the course of that, possibly propelled by the collective awareness resulting from the publication of your situation.”

Sie said Dogan’s claims of innocence showed how rape culture was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

The prosecutor told the defendant: “While you deny it, it’s not just a person, it’s an complete sordid societal structure that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five came to the nation of France, where his parent worked as a concierge. The evidence indicated 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 dealing drugs and his father forced him to leave of home. He was incarcerated in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had frequent intimate relations beyond their union. His defence said this was his strategy for managing with his difficult circumstances. Dogan had stated to a court psychologist that each year he looked for commercial sex on his birthday. His lawyers stated to the court he had arthritis caused by the pressure of the original case.