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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and was given his incarceration period extended to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the higher court in Nîmes.

A jury of five men and four women, sitting with three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her residence in Provence in the morning of June 29, 2019.

The court heard that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, the husband, in an digital platform named “without her consent”, where the husband was looking for men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state.

We trust the court will declare that in this society, fundamental rights are also rights of women – that permission is individual, not given by another,” stated Gisèle Pelicot’s attorney, her legal representative. “Consent is received directly and not by proxy from a husband.”

Case History

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to 20 years in prison last year for drugging his spouse and inviting numerous individuals to sexually assault her in her home in the community of the village of Mazan over a period of almost a decade of their marriage.

Fifty other men were found culpable in a notable trial last year, and the appellant was the sole individual to contest his sentence. He was originally handed a term to nine years in prison, a sentence raised on Thursday to 10 years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

Dogan had first sent the husband inappropriate pictures and then traveled an hour from his town in Provence to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the hearing, informed the court that the accused had been aware his wife had been “drugged” 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 knowledge.”

The proceedings became a focus point for a broader debate on societal attitudes in society as the defendant continued to claim he was not guilty and had not committed rape, stating that because the victim's husband had invited him into the bedroom, his behavior had been permissible.

The jury in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, unconscious and snoring in a comatose state, while a smiling the perpetrator performed assault repeatedly over a period of what investigators stated was three and a half hours. The judge said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

The defendant told the court the recordings were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not assault. He stated the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” Dogan told the court. “I carried on because he reassured me.”

Inquired if he wanted to make a final statement to the court, Dogan said: “I never wanted to hurt that individual.”

Pelicot's Words

The survivor, who was applauded upon departing the trial each day by supporters gathered to back her, said to Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. When did I ever give you agreement? Never.”

Gisèle Pelicot, 72, became an global icon after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take responsibility showed that: “Guilt has not shifted. The community is possibly in the course of that, maybe driven by the public consciousness resulting from the revelation of your case.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

Sie said to Dogan: “While you deny it, it’s not just a individual, it’s an complete disturbing social system that you are endorsing.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The court heard that his parent was aggressive and that the defendant began consuming marijuana aged ten. When he was seventeen he was caught by authorities for drug trafficking and his father evicted him the residence. He spent time in prison for drug dealing in his young adulthood and had worked as a construction worker but had faced periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had frequent intimate relations beyond their union. His defence said this was his strategy for managing with his difficult circumstances. The defendant had stated to a court psychologist that each year he sought paid sex on his birthday. His legal representatives stated to the court he had a medical condition resulting from the stress of the original case.