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An individual has been found guilty on appeal of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and received his prison sentence raised to ten years.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had contested his initial guilty verdict last year, faced a retrial this week at the appeals court in Nîmes.

A jury of five men and four women, joined by three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in southern France in the early hours of 29 June 2019.

The court heard that Dogan, a family man, reached out to Gisèle Pelicot’s spouse, the husband, in an online chatroom named “unbeknownst to her”, where Pelicot was looking for men to come to his home to rape his wife once he had drugged her into a unconscious state.

“We hope the jury will say loud and clear that in this country, human rights are also rights of women – that consent is personal, not given by another,” said the victim's attorney, Antoine Camus. “Consent is secured personally and not through someone else from a husband.”

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 bringing in dozens of men to rape her in her home in the Provence village of the village of Mazan over a span of many years of their marriage.

Numerous other individuals were found convicted in a high-profile trial last year, and Dogan was the sole individual to contest his sentence. He was initially handed a term to 9 years in prison, a penalty increased on Thursday to ten years.

The chief prosecutor, the prosecutor, had contended he should serve 12 years, because he “absolutely refuses to take any blame”.

Evidence Presented

Dogan had first sent the husband graphic images and then traveled an hour from his town in the region to rape the victim, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had been aware his wife had been “incapacitated” and he communicated to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her unbeknownst to her.”

The courtroom became a key topic for a larger conversation on rape culture in society as the defendant continued to assert he was blameless and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the residence, his conduct had been acceptable.

The panel in the higher court was displayed visual proof of the victim's unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling the perpetrator committed rape on several occasions over a period of what police said was several hours. The presiding judge said she had been at risk of death by asphyxiation. The prosecution said there was absolute certainty that she had been unconscious and had not consented.

Dogan's Claims

The defendant stated to the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He stated the court: “I did not commit rape.” He said the victim's husband had allowed him to the home, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” Dogan told the court. “I carried on because he reassured me.”

Questioned if he wanted to make a last words to the court, the defendant said: “I did not intend to hurt that woman.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by onlookers present to support her, addressed Dogan in court: “You do not grasp. When will you acknowledge you assaulted me? It is illegal to assault an unaware woman. At what point did I give you agreement? Not once.”

Gisèle Pelicot, seventy-two, became an international feminist hero after she gave up her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, addressing Gisèle Pelicot in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is maybe in the course of that, perhaps propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said Dogan’s claims of non-guilt showed how normalized violence was still prevalent in society as part of “outdated” forms of “male domination”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor said to the defendant: “While you reject it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are endorsing.”

Personal History

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a caretaker. The court heard that his parent was violent and that Dogan began using drugs at the age of 10. When he was seventeen he was caught by authorities for drug trafficking and his parent evicted him the family house. He was incarcerated in prison for drug dealing in his twenties and had worked as a construction worker but had faced periods of being unhoused.

He was married and had a child with special needs, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities beyond their union. His defence said this was his way of coping with his challenging existence. Dogan had stated to a evaluator that annually he sought commercial sex on his special day. His legal representatives stated to the court he had joint inflammation triggered by the stress of the initial proceedings.