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A defendant was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her then-husband – and was given his prison sentence increased to ten years.

Higher Court Case

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

A jury of nine jurors, accompanied by three judges, convicted Dogan on Thursday of raping Pelicot in her home in southern France in the early hours of June 29, 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s spouse, Dominique Pelicot, in an internet forum titled “unbeknownst to her”, where the husband was seeking men to enter his residence to assault his wife after he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this country, human rights are also rights of women – that permission is individual, not given by another,” declared the victim's lawyer, her legal representative. “Permission is secured personally and not via a representative from a spouse.”

Background

Dominique Pelicot, among the most severe sex offenders in recent French history, was sentenced to two decades in prison last year for sedating his wife at the time and inviting numerous individuals to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their union.

Numerous other individuals were found culpable in a high-profile trial last year, and the appellant was the sole individual to challenge his sentence. He was first sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

The state's attorney, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

The defendant had first sent the husband graphic images and then driven an hour from his residence in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily provide testimony at the hearing, informed the court that Dogan had been aware his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The proceedings became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was innocent and had not engaged in violation, stating that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unresponsive form, comatose and snoring in a comatose state, while a grinning the perpetrator performed assault repeatedly over a period of what police said was several hours. The court official said she had been at risk of fatal outcome by choking. The state prosecution said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

Dogan told the court the videos were simply “sex scenes” and rejected it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused told the court. “I carried on because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I had no desire to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was cheered upon departing the trial each day by onlookers present to support her, told Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an incapacitated woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's refusal to take blame showed that: “Guilt has not shifted. Society is maybe in the midst of that, possibly propelled by the societal understanding spurred by the exposure of your case.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie said to the defendant: “For as much as you reject it, it’s not just a individual, it’s an complete unpleasant societal structure that you are upholding.”

Defendant's Background

The accused was born in Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The testimony revealed that his father was aggressive and that Dogan began consuming marijuana at the age of ten. When he was 17 he was apprehended by police for drug trafficking and his parent evicted him the family house. He served time in prison for drug dealing in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was married and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The testimony revealed his wife did not know he had regular sexual encounters outside their marriage. His defence said this was his way of coping with his stressful life. Dogan had told a court psychologist that each year he looked for paid sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the pressure of the initial proceedings.