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An individual was declared guilty on higher court review of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and received his incarceration period raised to ten years.

Appeal Trial

The defendant, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the Nîmes court of appeal.

A jury 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 early hours of June 29, 2019.

The evidence showed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, the husband, in an internet forum called “without her knowledge”, where the husband was seeking men to enter his residence to rape his wife after he had rendered her unconscious into a comatose state.

We trust the court will say loud and clear that in this country, human rights are also women’s rights – that consent is personal, not transferred,” stated Gisèle Pelicot’s attorney, her legal representative. “Agreement is received directly and not through someone else from a husband.”

Background

Dominique Pelicot, a notorious sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a span of almost a decade of their marriage.

Dozens of additional defendants were found culpable in a high-profile trial last year, and Dogan was the only man to challenge his conviction. He was originally given a sentence to nine years in prison, a punishment increased on Thursday to a decade.

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

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then driven an hour from his residence in Provence to assault the victim, after notifying his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly testify at the hearing, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I want someone to abuse my wife after I’ve sedated her unbeknownst to her.”

The trial became a key topic for a larger conversation on rape culture in society as the defendant continued to assert he was innocent and had not perpetrated assault, contending that because the victim's husband had invited him into the room, his behavior had been permissible.

The jury in the higher court was displayed visual proof of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a comatose state, while a grinning the perpetrator committed rape on several occasions over a timeframe of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The prosecution said there was no doubt that she had been unconscious and had not agreed.

Accused's Testimony

The defendant stated to the court the footage were simply “sexual encounters” and denied it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was OK. He said he was influenced by the husband. “I wanted to stop,” the accused stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to injure that woman.”

Victim's Response

Gisèle Pelicot, who was supported upon leaving court each day by onlookers gathered to stand with her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

Legal Commentary

The prosecutor, addressing the victim in court, said Dogan’s unwillingness to take blame showed that: “Guilt has not shifted. The community is possibly in the process of that, possibly motivated by the societal understanding spurred by the revelation of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed the defendant: “While you reject it, it’s not just a person, it’s an whole unpleasant societal structure that you are endorsing.”

Personal History

The accused was originated from Turkey and at the age of 5 came to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was violent and that Dogan began smoking cannabis aged ten. When he was seventeen he was caught by police for dealing drugs and his father kicked him out the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of homelessness.

He was married and had a son with a genetic condition, who he was the main caregiver for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities outside their union. His defence said this was his way of coping with his stressful life. The defendant had told a court psychologist that each year he engaged in paid sex on his special day. His legal representatives stated to the court he had arthritis resulting from the stress of the first trial.