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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and received his jail term increased to a decade.

Higher Court Case

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

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

The testimony revealed that Dogan, a married father, reached out to Gisèle Pelicot’s then husband, Dominique Pelicot, in an online chatroom named “without her consent”, where the husband was recruiting men to visit his house to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will affirm that in this country, fundamental rights are also women’s rights – that consent is personal, not given by another,” declared the victim's lawyer, Antoine Camus. “Consent is secured directly and not by proxy from a spouse.”

Context

The ex-husband, a notorious sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for drugging his wife at the time and inviting dozens of men to sexually assault her in her home in the community of Mazan over a duration of many years of their marriage.

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

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “absolutely refuses to take any blame”.

Courtroom Details

Dogan had first sent Dominique Pelicot graphic images and then driven an hour from his residence in the region to assault the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from segregation in prison to briefly testify at the appeal trial, informed the court that the accused had known his wife had been “incapacitated” and he told to men by phone: “I seek someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a larger conversation on rape culture in society as Dogan continued to claim he was not guilty and had not committed rape, contending that because the victim's husband had invited him into the bedroom, his behavior had been justifiable.

The panel in the Nîmes appeals court was displayed video evidence of the victim's unconscious figure, comatose and snoring in a comatose state, while a grinning the perpetrator performed assault repeatedly over a timeframe of what authorities reported was 3.5 hours. The judge said she had been at danger of death by asphyxiation. The prosecution said there was no question that she had been unaware and had not given permission.

Dogan's Claims

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

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

Victim's Response

The survivor, who was applauded upon leaving court each day by supporters present to stand with her, addressed Dogan in court: “You do not grasp. When are you going to recognise you violated me? It is illegal to rape an incapacitated woman. When did I ever give you consent? At no time.”

The victim, 72, became an global icon after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the midst of that, perhaps motivated by the societal understanding resulting from the revelation of your ordeal.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

Sie told the defendant: “As long as you reject it, it’s not just a woman, it’s an whole sordid cultural framework that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to 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 Dogan was 17 he was apprehended by authorities for dealing drugs and his father evicted him the residence. He was incarcerated in prison for narcotics offenses in his early 20s and had worked as a builder but had faced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had repeated extramarital activities beyond their union. His defence said this was his way of coping with his difficult circumstances. The defendant had informed a court psychologist that each year he engaged in commercial sex on his special day. His lawyers informed the court he had arthritis caused by the stress of the first trial.