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An individual was declared guilty on higher court review of sexually assaulting Gisele Pelicot after she was drugged unconscious by her husband – and was given his prison sentence extended to a decade.

Higher Court Case

Dogan, 44, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the appeals court in Nîmes.

A panel of nine jurors, sitting with three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her knowledge”, where Pelicot was looking for men to enter his residence to assault his wife after he had sedated her into a deep sleep.

We expect the court will declare that in this nation, fundamental rights are also rights of women – that consent is individual, not transferred,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received personally and not through someone else from a husband.”

Context

Dominique Pelicot, among the most severe sex offenders in France's contemporary records, was sentenced to 20 years in prison last year for drugging his wife at the time and soliciting dozens of men to rape her in her home in the community of the village of Mazan over a span of many years of their union.

Fifty other men were found culpable in a high-profile trial last year, and the appellant was the single defendant to challenge his sentence. He was initially handed a term to 9 years in prison, a penalty raised on Thursday to a decade.

The lead state prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

The ex-husband, who was brought from solitary confinement in prison to briefly testify at the hearing, told the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as the defendant continued to assert he was not guilty and had not committed rape, arguing that because Gisèle Pelicot’s husband had allowed him into the bedroom, his conduct had been justifiable.

The jury in the higher court was shown recorded footage of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a unconscious condition, while a grinning Dogan engaged in violation repeatedly over a duration of what investigators stated was three and a half hours. The court official said she had been at peril of death by choking. The state's case said there was no question that she had been unconscious and had not agreed.

Accused's Testimony

The defendant told the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not rape. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was deceived by the husband. “I attempted to cease,” the accused informed the court. “I proceeded because he convinced me.”

Inquired if he wanted to make a closing remarks to the court, Dogan said: “I did not intend to hurt that woman.”

Victim's Response

The victim, who was supported upon departing the trial each day by supporters gathered to support her, told Dogan in court: “You haven’t understood. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. How could I have give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, speaking to Gisèle Pelicot in court, said the defendant's unwillingness to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the process of that, maybe propelled by the collective awareness resulting from the publication of your case.”

The prosecutor said Dogan’s claims of innocence showed how rape culture was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

Sie addressed the defendant: “As long as you deny it, it’s not just a person, it’s an complete sordid social system that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of 5 came to France, where his father worked as a caretaker. The evidence indicated that his parent was abusive and that Dogan began using drugs at the age of 10. When he was 17 he was caught by police for drug trafficking and his parent evicted him of home. He spent time in prison for narcotics offenses in his young adulthood and had worked as a builder but had undergone periods of homelessness.

He was married 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 testimony revealed his wife did not know he had repeated sexual encounters beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that each year he engaged in paid sex on his special day. His lawyers informed the court he had a medical condition resulting from the anxiety of the first trial.