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A defendant was convicted on appeal of sexually assaulting Gisèle Pelicot after she was drugged unconscious by her spouse – and was given his incarceration period increased to 10 years.

Retrial Proceedings

Dogan, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a new trial this week at the Nîmes court of appeal.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping Pelicot in her bedroom in the south of France in the early hours of 29 June 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s spouse, the husband, in an digital platform titled “without her consent”, where Pelicot was seeking men to visit his house to assault his wife after he had rendered her unconscious into a deep sleep.

We expect the jury will affirm that in this nation, fundamental rights are also women’s rights – that permission is personal, not given by another,” stated the victim's lawyer, her legal representative. “Consent is secured directly and not through someone else from a husband.”

Background

The ex-husband, one of the worst sexual predators in France's contemporary records, was handed a sentence to two decades in prison last year for drugging his then wife and inviting dozens of men to sexually assault her in her home in the Provence village of Mazan over a period of almost a decade of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and Dogan was the only man to appeal against his verdict. He was first sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

The state's attorney, the prosecutor, had stated he should serve twelve years, because he “stubbornly rejects to take any blame”.

Testimony and Proof

The defendant had first sent the husband graphic images and then driven an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was leaving, the testimony revealed.

Pelicot, who was brought from isolation in prison to briefly testify at the appeal trial, informed the court that Dogan had been aware his wife had been “incapacitated” and he communicated to men by phone: “I seek someone to abuse my wife after I’ve put her to sleep unbeknownst to her.”

The proceedings became a central issue for a larger conversation on rape culture in society as Dogan continued to claim he was innocent and had not engaged in violation, stating that because the victim's husband had allowed him into the room, his behavior had been justifiable.

The jury in the higher court was displayed recorded footage of the victim's unresponsive form, sedated and breathing heavily in a unconscious condition, while a smiling Dogan engaged in violation on several occasions over a period of what authorities reported was three and a half hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state prosecution said there was absolute certainty that she had been incapacitated and had not given permission.

Accused's Testimony

The defendant stated to the court the recordings were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He declared the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had brought him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan told the court. “I continued because he persuaded me.”

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

Survivor's Statement

Gisèle Pelicot, who was supported upon exiting the courtroom each day by supporters present to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It is illegal to rape an unaware woman. How could I have give you agreement? Never.”

The victim, 72, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “The shame remains. The public is maybe in the midst of that, perhaps motivated by the public consciousness brought by the revelation of your case.”

The prosecutor said the defendant's claims of blamelessness showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “While you deny it, it’s not just a woman, it’s an complete disturbing social system that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 came to France, where his father worked as a building manager. The court heard that his parent was violent and that Dogan began smoking cannabis at the age of 10. When Dogan was 17 he was caught by authorities for drug trafficking and his father kicked him out the residence. He served time in prison for drug dealing in his early 20s and had worked as a builder but had faced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his wife did not know he had regular sexual encounters outside their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had stated to a evaluator that once a year he sought transactional encounters on his special day. His legal representatives informed the court he had joint inflammation caused by the anxiety of the original case.