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A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and has had his incarceration period increased to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the early hours of 29 June 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “unbeknownst to her”, where Pelicot was recruiting men to come to his home to rape his wife after he had sedated her into a comatose state.

“We hope the jury will say loud and clear that in this society, fundamental rights are also women’s rights – that permission is personal, not delegated,” stated the victim's lawyer, Antoine Camus. “Agreement is secured personally and not via a representative from a spouse.”

Background

The husband, one of the worst sexual predators in France's contemporary records, was sentenced to two decades in prison last year for sedating his then wife and soliciting multiple perpetrators to rape her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the sole individual to appeal against his verdict. He was originally given a sentence to 9 years in prison, a punishment raised on Thursday to 10 years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent the husband sexually explicit photos and then driven an hour from his village in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from isolation in prison to temporarily give evidence at the retrial, informed the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a wider discussion on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because Gisèle Pelicot’s husband had invited him into the room, his behavior had been acceptable.

The panel in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, unconscious and breathing heavily in a comatose state, while a grinning Dogan committed rape on several occasions over a period of what investigators stated was several hours. The presiding judge said she had been at risk of fatal outcome by suffocation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Defendant's Statements

The defendant stated to the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan informed the court. “I proceeded because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, Dogan said: “I never wanted to injure that woman.”

Victim's Response

The survivor, who was cheered upon exiting the courtroom each day by onlookers present to support her, said to the defendant in court: “You do not grasp. 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? At no time.”

The victim, 72, became an international feminist hero after she waived her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, perhaps driven by the societal understanding resulting from the exposure of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “old-fashioned” forms of “gender-based power”. He said: “Now we must change rape culture to a ethos of permission.”

Sie addressed the defendant: “While you reject it, it’s not just a individual, it’s an whole sordid cultural framework that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a building manager. The evidence indicated that his father was aggressive and that Dogan began smoking cannabis aged ten. When he was seventeen he was caught by authorities for selling narcotics and his father forced him to leave of home. He was incarcerated in prison for drug dealing in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities beyond their union. His defence said this was his way of coping with his stressful life. Dogan had stated to a evaluator that each year he sought commercial sex on his birthday. His attorneys stated to the court he had arthritis caused by the anxiety of the initial proceedings.