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A man was declared guilty on retrial of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and received his prison sentence extended to ten years.

Retrial Proceedings

Dogan, 44, an out-of-work construction worker, who had contested his first conviction last year, faced a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her home in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's then husband, the husband, in an digital platform titled “without her consent”, where the husband was looking for men to enter his residence to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will declare that in this society, human rights are also women’s rights – that consent is personal, not delegated,” said Gisèle Pelicot’s attorney, Antoine Camus. “Agreement is secured personally and not by proxy from a spouse.”

Background

Dominique Pelicot, one of the worst sexual predators in recent French history, was given a prison term to twenty years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to rape her in her home in the Provence village of Mazan over a duration of many years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the sole individual to contest his conviction. He was initially sentenced to 9 years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had stated he should serve twelve years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his residence in Provence to assault the victim, after informing his wife he was going out, the testimony revealed.

The ex-husband, who was transported from segregation in prison to temporarily provide testimony at the appeal trial, told the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as the defendant continued to say he was not guilty and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had welcomed him into the bedroom, his conduct had been justifiable.

The jury in the higher court was presented with recorded footage of Gisèle Pelicot’s unresponsive form, comatose and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation on several occasions over a period of what police said was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

The defendant told the court the recordings were simply “sexual encounters” and denied it was assault. He said what he did was “an intimate behavior”, not assault. He declared the court: “I never raped.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I wanted to stop,” the accused told the court. “I continued because he persuaded me.”

Asked if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to hurt that individual.”

Victim's Response

The victim, who was applauded upon leaving court each day by crowds gathered to back her, told the defendant in court: “You haven’t understood. When will you acknowledge you raped me? It’s a crime to rape an incapacitated woman. At what point did I give you permission? At no time.”

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

Prosecutor's Remarks

The prosecutor, turning to the victim in court, said Dogan’s failure to take blame showed that: “Shame has not yet changed sides. The community is possibly in the course of that, perhaps motivated by the collective awareness resulting from the exposure of your situation.”

The prosecutor said Dogan’s claims of blamelessness showed how normalized violence was still common in society as part of “outdated” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor said to Dogan: “As long as you deny it, it’s not just a person, it’s an whole sordid social system that you are supporting.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began consuming marijuana aged 10. When he was seventeen he was apprehended by authorities for selling narcotics and his father kicked him out the residence. He was incarcerated in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of living on the streets.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his wife worked in a school canteen. The court heard his wife did not know he had frequent sexual encounters beyond their union. His legal team said this was his strategy for managing with his stressful life. Dogan had stated to a court psychologist that each year he sought commercial sex on his birthday. His lawyers told the court he had a medical condition triggered by the pressure of the original case.