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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 received his prison sentence increased to 10 years.

Higher Court Case

Dogan, 44, an out-of-work construction worker, who had contested his initial guilty verdict last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A jury of nine jurors, sitting with three judges, ruled against Dogan on Thursday of raping Pelicot in her home in the south of France in the morning of June 29, 2019.

The evidence showed that the accused, a married father, reached out to Gisèle Pelicot’s spouse, the husband, in an digital platform named “without her knowledge”, where the husband was looking for men to visit his house to assault his wife after he had sedated her into a deep sleep.

We trust the jury will declare that in this nation, fundamental rights are also rights of women – that consent is personal, not given by another,” stated the victim's lawyer, her legal representative. “Consent is secured directly and not via a representative from a spouse.”

Context

Dominique Pelicot, one of the worst sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his wife at the time and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a span of many years of their marriage.

Dozens of additional defendants were found culpable in a widely publicized trial last year, and the appellant was the single defendant to contest his verdict. He was originally handed a term to nine years in prison, a penalty increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “completely denies to take any blame”.

Evidence Presented

Dogan had initially sent the husband sexually explicit photos and then driven an hour from his village in Provence to rape the victim, after telling his wife he was leaving, the testimony revealed.

Pelicot, who was transported from segregation in prison to briefly testify at the hearing, told the court that the accused had understood his wife had been “sedated” and he communicated to men by phone: “I seek someone to violate my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a focus point for a wider discussion on sexual violence norms 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 invited him into the residence, his actions had been acceptable.

The panel in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, comatose and breathing heavily in a deep sleep, while a grinning the perpetrator committed rape multiple times over a timeframe of what police said was 3.5 hours. The court official said she had been at risk of death by asphyxiation. The prosecution said there was no doubt that she had been unconscious and had not given permission.

Accused's Testimony

The defendant stated to the court the footage were simply “sexual encounters” and rejected it was violation. He said what he did was “a sexual act”, not rape. He told the court: “I am innocent of assault.” He said the victim's husband had allowed him to the house, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan informed the court. “I proceeded because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I had no desire to hurt that individual.”

Pelicot's Words

The survivor, who was supported upon leaving court each day by supporters assembled to support her, told Dogan in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an unconscious woman. How could I have give you agreement? Never.”

Gisèle Pelicot, 72, became an international feminist hero after she waived her right to privacy in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, 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 public consciousness resulting from the exposure of your case.”

The prosecutor said the defendant's claims of non-guilt showed how societal tolerance was still common in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed the defendant: “For as much as you refuse to admit it, it’s not just a person, it’s an entire sordid societal structure that you are upholding.”

Defendant's Background

Dogan was originated from Turkey and at the age of five relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was aggressive and that the defendant began smoking cannabis aged ten. When Dogan was 17 he was stopped by police for dealing drugs and his father evicted him the family house. He was incarcerated in prison for trafficking in his young adulthood and had worked as a builder but had experienced 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 evidence showed his spouse did not know he had regular extramarital activities beyond their marriage. His legal team said this was his way of coping with his difficult circumstances. Dogan had stated to a mental health expert that once a year he looked for transactional encounters on his birthday. His lawyers told the court he had a medical condition triggered by the stress of the original case.