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An individual was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and has had his jail term increased to a decade.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, experienced a new trial this week at the Nîmes court of appeal.

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

The court heard that Dogan, a family man, made contact with the victim's spouse, the husband, in an online chatroom titled “without her consent”, where the husband was recruiting men to come to his home to assault his wife once he had drugged her into a deep sleep.

We trust the panel will declare that in this society, fundamental rights are also women’s rights – that agreement is individual, not delegated,” declared Gisèle Pelicot’s attorney, her legal representative. “Permission is received personally and not by proxy from a spouse.”

Context

The husband, one of the worst sex offenders in recent French history, was given a prison term to 20 years in prison last year for sedating his spouse and soliciting dozens of men to sexually assault her in her home in the town of Mazan over a period of almost a decade of their union.

Fifty other men were found guilty in a notable trial last year, and Dogan was the only man to appeal against his verdict. He was originally given a sentence to nine years in prison, a penalty increased on Thursday to a decade.

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

Courtroom Details

The defendant had first sent the husband sexually explicit photos and then traveled an hour from his village in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to temporarily testify at the appeal trial, told the court that the accused had understood his wife had been “drugged” and he told to men by phone: “I want someone to violate my wife after I’ve rendered her unconscious without her consent.”

The proceedings 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 engaged in violation, arguing that because the victim's husband had welcomed him into the residence, his conduct had been permissible.

The panel in the Nîmes appeals court was shown visual proof of the victim's unconscious figure, unconscious and breathing heavily in a unconscious condition, while a grinning the perpetrator performed assault multiple times over a duration of what investigators stated was several hours. The court official said she had been at risk of death by choking. The prosecution said there was absolute certainty that she had been unconscious and had not agreed.

Accused's Testimony

Dogan told the court the videos were simply “sexual encounters” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” 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 attempted to cease,” the accused told the court. “I carried on because he reassured me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to injure that woman.”

Survivor's Statement

The victim, who was applauded upon leaving court each day by onlookers gathered to back her, addressed Dogan in court: “You fail to comprehend. When are you going to recognise you violated me? It’s a crime to assault an incapacitated woman. When did I ever give you agreement? Not once.”

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

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The public is possibly in the midst of that, possibly driven by the societal understanding brought by the revelation of your ordeal.”

Sie said Dogan’s claims of non-guilt showed how normalized violence was still common 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 the defendant: “As long as you refuse to admit it, it’s not just a person, it’s an entire disturbing social system that you are supporting.”

Defendant's Background

Dogan was originated from Turkey and at the age of 5 relocated to France, where his father worked as a concierge. The court heard that his father was abusive and that Dogan began consuming marijuana at the age of 10. When Dogan was 17 he was caught by authorities for dealing drugs and his father forced him to leave the residence. He served time in prison for narcotics offenses in his early 20s and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a institution's dining hall. The evidence showed his wife did not know he had regular extramarital activities outside their union. His legal team said this was his method of dealing with his stressful life. The defendant had told a court psychologist that annually he looked for paid sex on his special day. His attorneys informed the court he had arthritis triggered by the pressure of the original case.