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An individual has been found guilty on appeal of raping Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his jail term raised to ten years.

Higher Court Case

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

A jury of four women and five men, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her bedroom in the south of France in the morning of June 29, 2019.

The court heard that Dogan, a married father, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an digital platform titled “without her consent”, where the husband was recruiting men to come to his home to assault his wife after he had rendered her unconscious into a unconscious state.

“We hope the court will affirm that in this society, fundamental rights are also rights of women – that agreement is individual, not given by another,” declared the victim's lawyer, her legal representative. “Consent is secured directly and not by proxy from a husband.”

Context

The husband, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his wife at the time and bringing in dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the sole individual to contest his sentence. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to a decade.

The chief prosecutor, the prosecutor, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

Dogan had first sent the husband inappropriate pictures and then driven an hour from his village in the region to assault the victim, after notifying his wife he was going out, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the retrial, stated to the court that the accused had known his wife had been “sedated” and he told to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because the victim's husband had invited him into the residence, his actions had been justifiable.

The jury in the Nîmes appeals court was displayed visual proof of the victim's unconscious figure, comatose and breathing heavily in a unconscious condition, while a grinning the perpetrator committed rape on several occasions over a period of what investigators stated was 3.5 hours. The court official said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was no question that she had been unaware and had not consented.

Dogan's Claims

Dogan stated to the court the videos were simply “sexual encounters” and rejected it was violation. He said what he did was “an intimate behavior”, not assault. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was OK. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused told the court. “I carried on because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to hurt that lady.”

Pelicot's Words

The survivor, who was cheered upon exiting the courtroom each day by supporters present to support her, told the defendant in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to rape an incapacitated woman. When did I ever give you consent? At no time.”

Gisèle Pelicot, seventy-two, became an symbol of resistance after she relinquished her right to privacy in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, turning to Gisèle Pelicot in court, said the defendant's refusal to take accountability showed that: “Shame has not yet changed sides. The public is maybe in the midst of that, maybe motivated by the public consciousness resulting from the exposure of your case.”

Sie said the defendant's claims of innocence showed how rape culture was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change the culture of violence to a culture of consent.”

Sie said to the defendant: “While you refuse to admit it, it’s not just a individual, it’s an whole disturbing social system that you are upholding.”

Biographical Details

Dogan was born in the country of Turkey and at the age of 5 relocated to France, where his parent worked as a caretaker. The testimony revealed that his parent was aggressive and that the defendant began using drugs at the age of ten. When Dogan was 17 he was caught by police for drug trafficking and his father evicted him the residence. He spent time in prison for narcotics offenses in his early 20s and had worked as a builder but had experienced periods of homelessness.

He was wed and had a son with special needs, 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 repeated sexual encounters outside their marriage. His defence said this was his strategy for managing with his difficult circumstances. The defendant had informed a court psychologist that once a year he sought transactional encounters on his birthday. His lawyers told the court he had a medical condition resulting from the stress of the original case.