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An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her husband – and has had his jail term increased to a decade.

Higher Court Case

The defendant, forty-four, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of raping the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an internet forum titled “without her consent”, where the husband was looking for men to enter his residence to assault his wife after he had sedated her into a comatose state.

“We hope the court will declare that in this country, fundamental rights are also rights of women – that permission is individual, not given by another,” declared Gisèle Pelicot’s attorney, her legal representative. “Agreement is obtained directly and not via a representative from a husband.”

Context

The husband, a notorious sex offenders in modern French history, was handed a sentence to two decades in prison last year for incapacitating his spouse and bringing in dozens of men to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and the appellant was the only man to appeal against his verdict. He was initially sentenced to nine years in prison, a punishment increased on Thursday to 10 years.

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

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly give evidence at the appeal trial, stated to the court that Dogan had been aware his wife had been “drugged” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The courtroom became a central issue for a wider discussion on sexual violence norms in society as the defendant continued to say he was innocent and had not engaged in violation, contending that because the victim's husband had welcomed him into the bedroom, his conduct had been permissible.

The panel in the Nîmes appeals court was displayed visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a smiling Dogan committed rape repeatedly over a period of what investigators stated was several hours. The court official said she had been at danger of death by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Accused's Testimony

The defendant told the court the videos were simply “sexual encounters” and denied it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was cheered upon departing the trial each day by supporters present to support her, said to the defendant in court: “You do not grasp. When will you acknowledge you raped me? It is illegal to assault an unaware woman. At what point did I give you permission? Not once.”

Gisèle Pelicot, 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.”

Legal Commentary

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take blame showed that: “Guilt has not shifted. The public is perhaps in the course of that, perhaps driven by the collective awareness brought by the revelation of your situation.”

The prosecutor said Dogan’s claims of innocence showed how societal tolerance was still prevalent in society as part of “outdated” forms of “gender-based power”. He said: “We need to change rape culture to a society based on agreement.”

The prosecutor told the defendant: “While you deny it, it’s not just a individual, it’s an whole sordid social system that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 moved to the nation of France, where his father worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began smoking cannabis aged 10. When Dogan was 17 he was caught by authorities for selling narcotics and his parent kicked him out the residence. He served time in prison for narcotics offenses in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his spouse did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his stressful life. Dogan had informed a court psychologist that once a year he sought paid sex on his special day. His legal representatives told the court he had joint inflammation caused by the stress of the initial proceedings.