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An individual was declared guilty on retrial of sexually assaulting Gisele Pelicot following she was drugged unconscious by her spouse – and has had his prison sentence raised to 10 years.

Higher Court Case

Dogan, 44, an unemployed builder, who had challenged his first conviction last year, experienced a retrial this week at the higher court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting the victim in her home in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform titled “without her knowledge”, where Pelicot was looking for men to come to his home to rape his wife after he had drugged her into a deep sleep.

We trust the jury will declare that in this country, human rights are also women’s rights – that permission is individual, not given by another,” said the victim's attorney, her legal representative. “Agreement is obtained personally and not by proxy from a husband.”

Background

The husband, a notorious sex offenders in modern French history, was sentenced to two decades in prison last year for drugging his spouse and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a duration of almost a decade of their marriage.

Numerous other individuals were found guilty in a notable trial last year, and Dogan was the sole individual to challenge his sentence. He was originally given a sentence to nine years in prison, a sentence raised on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “absolutely refuses to take any responsibility”.

Testimony and Proof

The defendant had first sent Dominique Pelicot inappropriate pictures and then driven an hour from his town in the region to assault the victim, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was brought from isolation in prison to briefly provide testimony at the appeal trial, told the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her knowledge.”

The trial became a key topic for a broader debate on societal attitudes in society as the defendant 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 actions had been permissible.

The panel in the higher court was presented with visual proof of the victim's limp body, comatose and snoring in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a duration of what police said was 3.5 hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was no question that she had been incapacitated and had not agreed.

Defendant's Statements

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

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

Pelicot's Words

The victim, who was applauded upon exiting the courtroom each day by onlookers assembled to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you assaulted me? It is unlawful to assault an incapacitated woman. How could I have give you consent? Never.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The public is maybe in the course of that, perhaps motivated by the collective awareness spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a culture of consent.”

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

Defendant's Background

Dogan was originated from Turkey and at the age of 5 came to France, where his parent worked as a concierge. The court heard that his parent was violent and that the defendant began using drugs aged 10. When Dogan was 17 he was caught by police for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was married and had a child with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had repeated extramarital activities beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. Dogan had told a evaluator that annually he sought paid sex on his birthday. His attorneys stated to the court he had a medical condition caused by the pressure of the original case.