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A defendant has been found guilty on higher court review of sexually assaulting Gisele Pelicot after she was sedated by her spouse – and received his prison sentence increased to 10 years.

Higher Court Case

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

A panel of five men and four women, sitting with three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in Provence in the early hours of June 29, 2019.

The court heard that the accused, a married father, connected with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to visit his house to assault his wife once he had sedated her into a deep sleep.

We trust the jury will affirm that in this nation, fundamental rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is received directly and not via a representative from a spouse.”

Context

Dominique Pelicot, among the most severe sex offenders in recent French history, was handed a sentence to 20 years in prison last year for drugging his spouse and soliciting dozens of men to rape her in her home in the community of Mazan over a period of many years of their marriage.

Dozens of additional defendants were found guilty in a notable trial last year, and the appellant was the sole individual to contest his verdict. He was initially sentenced to nine years in prison, a penalty enhanced on Thursday to a decade.

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

Evidence Presented

The defendant had initially sent the husband graphic images and then driven an hour from his town in Provence to rape Gisèle Pelicot, after telling his wife he was stepping out, the court heard.

Pelicot, who was transported from solitary confinement in prison to temporarily provide testimony at the appeal trial, stated to the court that Dogan had understood his wife had been “drugged” and he said to men by phone: “I’m looking for someone to assault my wife after I’ve put her to sleep without her consent.”

The proceedings 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 engaged in violation, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his behavior had been permissible.

The panel in the higher court was displayed video evidence of Gisèle Pelicot’s unconscious figure, unconscious and snoring in a unconscious condition, while a grinning Dogan performed assault multiple times over a period of what investigators stated was three and a half hours. The judge said she had been at risk of death by choking. The state's case said there was no question that she had been unconscious and had not agreed.

Defendant's Statements

The defendant informed the court the footage were simply “sex scenes” and denied it was assault. He said what he did was “a sexual act”, not rape. He told the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was influenced by the husband. “I tried to halt,” the accused stated to the court. “I continued because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I did not intend to injure that individual.”

Victim's Response

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to support her, told the defendant in court: “You do not grasp. When are you going to recognise you violated me? It is unlawful to assault an unconscious woman. When did I ever give you consent? At no time.”

The victim, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Shame must change sides.”

Legal Commentary

Sie, addressing Gisèle Pelicot in court, said Dogan’s refusal to take accountability showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, possibly propelled by the public consciousness brought by the revelation of your situation.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor addressed Dogan: “While you refuse to admit it, it’s not just a woman, it’s an entire sordid cultural framework that you are endorsing.”

Defendant's Background

The accused was born in Turkey and at the age of 5 came to France, where his father worked as a concierge. The testimony revealed that his father was violent and that Dogan began using drugs aged ten. When Dogan was 17 he was apprehended by authorities for drug trafficking and his parent forced him to leave the residence. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of living on the streets.

He was married and had a child with a genetic condition, who he was the principal carer for, as his wife worked in a school canteen. The testimony revealed his wife did not know he had regular intimate relations beyond their marriage. His legal team said this was his strategy for managing with his difficult circumstances. The defendant had stated to a mental health expert that annually he sought paid sex on his birthday. His attorneys told the court he had arthritis triggered by the stress of the original case.