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A man was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and has had his jail term extended to ten years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her residence in southern France in the morning of June 29, 2019.

The testimony revealed that Dogan, a married father, made contact with Gisèle Pelicot’s spouse, Dominique Pelicot, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to visit his house to rape his wife once he had rendered her unconscious into a comatose state.

We expect the court will affirm that in this society, human rights are also rights of women – that consent is individual, not transferred,” said the victim's attorney, Antoine Camus. “Permission is obtained directly and not through someone else from a spouse.”

Context

The ex-husband, a notorious sex offenders in recent French history, was handed a sentence to twenty years in prison last year for incapacitating his spouse and inviting dozens of men to rape her in her home in the Provence village of Mazan over a span of many years of their union.

Fifty other men were found convicted in a notable trial last year, and the appellant was the only man to challenge his verdict. He was initially given a sentence to nine years in prison, a sentence enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his village in the region to assault the victim, after telling his wife he was leaving, the court heard.

Pelicot, who was brought from segregation in prison to temporarily testify at the retrial, stated to the court that Dogan had understood his wife had been “incapacitated” and he communicated to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was innocent and had not committed rape, stating that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been justifiable.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s limp body, unconscious and snoring in a comatose state, while a smiling Dogan performed assault repeatedly over a period of what police said was 3.5 hours. The presiding judge said she had been at peril of death by asphyxiation. The state prosecution said there was no question that she had been unaware and had not given permission.

Accused's Testimony

The defendant stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “an intimate behavior”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had brought him to the house, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I continued because he persuaded me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that lady.”

Victim's Response

The victim, who was supported upon departing the trial each day by onlookers assembled to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It’s a crime to rape an unconscious woman. When did I ever give you permission? Not once.”

The victim, 72, became an symbol of resistance after she waived her right to privacy in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, addressing the victim in court, said Dogan’s refusal to take accountability showed that: “The shame remains. The community is maybe in the process of that, perhaps driven by the collective awareness spurred by the exposure of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still prevalent in society as part of “archaic” forms of “male domination”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an complete unpleasant social system that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 relocated to the nation of France, where his parent worked as a concierge. The evidence indicated that his father was aggressive and that the defendant began using drugs aged ten. When he was seventeen he was caught by police for drug trafficking and his father evicted him of home. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with special needs, 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 repeated intimate relations beyond their union. His defence said this was his method of dealing with his stressful life. Dogan had told a mental health expert that each year he looked for paid sex on his special day. His legal representatives stated to the court he had a medical condition triggered by the pressure of the first trial.