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An individual was declared guilty on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period raised to ten years.

Higher Court Case

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

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that the accused, a family man, connected with the victim's then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was recruiting men to visit his house to assault his wife once he had sedated her into a comatose state.

“We hope the court will say loud and clear that in this nation, human rights are also rights of women – that permission is individual, not transferred,” declared the victim's lawyer, Antoine Camus. “Consent is secured directly and not via a representative from a spouse.”

Background

The ex-husband, among the most severe sexual predators in modern French history, was given a prison term to twenty years in prison last year for drugging his wife at the time and inviting dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Dozens of additional defendants were found guilty in a high-profile trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally sentenced to 9 years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “completely denies to take any responsibility”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.

The ex-husband, who was transported from segregation in prison to briefly provide testimony at the appeal trial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I’m looking for someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The proceedings became a focus point for a larger conversation on societal attitudes in society as Dogan continued to claim he was innocent and had not engaged in violation, stating that because the victim's husband had welcomed him into the bedroom, his conduct had been justifiable.

The panel in the higher court was shown video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a deep sleep, while a smiling 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 risk of fatal outcome by suffocation. The state's case said there was no question that she had been unaware and had not agreed.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had invited him to the residence, and therefore it was OK. He said he was influenced by the husband. “I tried to halt,” Dogan told the court. “I proceeded because he reassured me.”

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

Survivor's Statement

The survivor, who was applauded upon departing the trial each day by supporters gathered to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an incapacitated woman. At what point did I give you permission? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to the victim in court, said Dogan’s unwillingness to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the process of that, possibly motivated by the collective awareness spurred by the revelation of your case.”

The prosecutor said the defendant's claims of non-guilt showed how normalized violence was still widespread in society as part of “archaic” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

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

Defendant's Background

Dogan was born in 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 court heard that his parent was aggressive and that the defendant began smoking cannabis at the age of 10. When Dogan was seventeen he was caught by authorities for dealing drugs and his parent kicked him out of home. He spent time in prison for trafficking in his twenties and had worked as a builder but had experienced periods of being unhoused.

He was married and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his spouse did not know he had repeated extramarital activities beyond their marriage. His defence said this was his way of coping with his stressful life. The defendant had informed a evaluator that once a year he engaged in paid sex on his birthday. His legal representatives told the court he had joint inflammation resulting from the anxiety of the original case.