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A man has been found guilty on higher court review of sexually assaulting Gisele Pelicot following she was drugged unconscious by her husband – and received his prison sentence raised to 10 years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had appealed his first conviction last year, underwent a appeal hearing this week at the Nîmes court of appeal.

A panel of four women and five men, sitting with three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the morning of 29 June 2019.

The court heard that Dogan, a married father, connected with the victim's husband at the time, Dominique Pelicot, in an digital platform called “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the panel will say loud and clear that in this country, fundamental rights are also rights of women – that consent is personal, not delegated,” declared the victim's attorney, her legal representative. “Agreement is received directly and not via a representative from a spouse.”

Background

The husband, among the most severe sexual predators in modern French history, was handed a sentence to 20 years in prison last year for sedating his spouse and bringing in numerous individuals to rape her in her home in the town of Mazan over a duration of nearly ten years of their marriage.

Numerous other individuals were found culpable in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was first given a sentence to 9 years in prison, a penalty enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault the victim, after telling his wife he was stepping out, the testimony revealed.

Pelicot, who was transported from isolation in prison to temporarily give evidence at the hearing, informed the court that the accused had known his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her consent.”

The trial became a key topic for a wider discussion on societal attitudes in society as the defendant continued to say he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been acceptable.

The panel in the higher court was presented with video evidence of Gisèle Pelicot’s limp body, unconscious and snoring in a unconscious condition, while a smiling Dogan committed rape multiple times over a period of what investigators stated was several hours. The court official said she had been at danger of fatal outcome by asphyxiation. The prosecution said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

Dogan told the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “a sexual act”, not assault. 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 Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to hurt that lady.”

Victim's Response

Gisèle Pelicot, who was cheered upon leaving court each day by onlookers present to back her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It’s a crime to assault an unconscious woman. At what point did I give you permission? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “The shame remains. The public is maybe in the process of that, perhaps motivated by the societal understanding brought by the exposure of your case.”

The prosecutor said the defendant's claims of blamelessness showed how rape culture 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 society based on agreement.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a person, it’s an whole disturbing cultural framework that you are upholding.”

Biographical Details

The accused was originated from the country of Turkey and at the age of five came to France, where his father worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was caught by police for selling narcotics and his parent forced him to leave the family house. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. 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 difficult circumstances. Dogan had informed a evaluator that once a year he looked for commercial sex on his special day. His lawyers told the court he had a medical condition caused by the anxiety of the initial proceedings.