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An individual was declared guilty on appeal of sexually assaulting Gisele Pelicot after she was drugged unconscious by her then-husband – and received his incarceration period raised to a decade.

Appeal Trial

Dogan, 44, an unemployed builder, who had contested his initial guilty verdict last year, experienced a retrial this week at the appeals court in Nîmes.

A panel of four women and five men, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in southern France in the early hours of June 29, 2019.

The evidence showed that the accused, a family man, connected with the victim's husband at the time, the husband, in an internet forum titled “without her consent”, where the husband was seeking men to come to his home to rape his wife once he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this country, fundamental rights are also rights of women – that permission is personal, not transferred,” said the victim's lawyer, her legal representative. “Agreement is secured directly and not by proxy from a spouse.”

Context

The ex-husband, a notorious sexual predators in France's contemporary records, was given a prison term to two decades in prison last year for sedating his then wife and soliciting numerous individuals to sexually assault her in her home in the town of Mazan over a duration of many years of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the only man to challenge his conviction. He was initially given a sentence to nine years in prison, a sentence raised on Thursday to 10 years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any responsibility”.

Evidence Presented

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in Provence to assault Gisèle Pelicot, after telling his wife he was going out, the testimony revealed.

Pelicot, who was transported from isolation in prison to briefly testify at the appeal trial, told the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve rendered her unconscious without her knowledge.”

The courtroom became a central issue for a larger conversation on sexual violence norms in society as the defendant continued to assert he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the room, his conduct had been acceptable.

The panel in the higher court was shown video evidence of the victim's limp body, unconscious and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a period of what authorities reported was three and a half hours. The judge said she had been at danger of fatal outcome by asphyxiation. The state prosecution said there was absolute certainty that she had been unconscious and had not consented.

Defendant's Statements

Dogan informed the court the recordings were simply “sex scenes” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was OK. He said he was manipulated by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he persuaded me.”

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that lady.”

Pelicot's Words

Gisèle Pelicot, who was applauded upon leaving court each day by supporters gathered to stand with her, said to the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an unconscious woman. At what point did I give you permission? Never.”

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

Prosecutor's Remarks

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “The shame remains. The public is perhaps in the process of that, possibly driven by the public consciousness spurred by the publication of your situation.”

Sie said Dogan’s claims of non-guilt showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “Now we must change rape culture to a culture of consent.”

The prosecutor addressed Dogan: “While you reject it, it’s not just a woman, it’s an whole sordid cultural framework that you are upholding.”

Defendant's Background

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a building manager. The evidence indicated that his parent was violent and that the defendant began smoking cannabis aged ten. When Dogan was seventeen he was caught by police for dealing drugs and his father forced him to leave of home. He served time in prison for narcotics offenses in his young adulthood and had worked as a construction worker but had undergone periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the principal carer for, as his wife worked in a educational cafeteria. The testimony revealed his spouse did not know he had repeated sexual encounters outside their marriage. His legal team said this was his way of coping with his stressful life. The defendant had stated to a court psychologist that annually he engaged in paid sex on his special day. His lawyers informed the court he had joint inflammation triggered by the pressure of the first trial.