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An individual was convicted on appeal of raping Gisele Pelicot following she was drugged unconscious by her spouse – and received his jail term extended to a decade.

Higher Court Case

The defendant, 44, an unemployed builder, who had appealed his initial guilty verdict last year, underwent a appeal hearing this week at the higher court in Nîmes.

A jury of nine jurors, joined by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her home in the south of France in the early hours of June 29, 2019.

The court heard that Dogan, a family man, reached out to the victim's spouse, Dominique Pelicot, in an online chatroom named “without her knowledge”, where Pelicot was seeking men to visit his house to rape his wife after he had rendered her unconscious into a deep sleep.

“We hope the jury will affirm that in this society, fundamental rights are also women’s rights – that agreement is personal, not delegated,” said Gisèle Pelicot’s lawyer, Antoine Camus. “Agreement is received directly and not via a representative from a spouse.”

Context

The husband, a notorious sex offenders in modern French history, was handed a sentence to twenty years in prison last year for incapacitating his then wife and bringing in dozens of men to sexually assault her in her home in the town of Mazan over a period of nearly ten years of their marriage.

Numerous other individuals were found convicted in a notable trial last year, and the appellant was the single defendant to contest his verdict. He was first handed a term to nine years in prison, a penalty enhanced on Thursday to a decade.

The state's attorney, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any accountability”.

Evidence Presented

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his town in the region to assault Gisèle Pelicot, after telling his wife he was leaving, the evidence indicated.

Pelicot, who was brought from segregation in prison to briefly provide testimony at the hearing, informed the court that Dogan had understood his wife had been “incapacitated” and he said to men by phone: “I seek someone to violate my wife after I’ve sedated her without her consent.”

The trial became a key topic for a broader debate on societal attitudes in society as the defendant continued to assert he was not guilty and had not committed rape, arguing that because the victim's husband had allowed him into the bedroom, his behavior had been acceptable.

The panel in the higher court was presented with recorded footage of the victim's limp body, comatose and snoring in a comatose state, while a grinning Dogan performed assault multiple times over a timeframe of what police said was 3.5 hours. The presiding judge said she had been at peril of death by asphyxiation. The prosecution said there was no doubt that she had been unaware and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and disputed it was assault. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had brought him to the residence, and therefore it was acceptable. He said he was manipulated by Dominique Pelicot. “I attempted to cease,” the accused informed the court. “I proceeded because he reassured me.”

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

Survivor's Statement

Gisèle Pelicot, who was cheered upon leaving court each day by supporters present to stand with her, told the defendant in court: “You fail to comprehend. When are you going to recognise you raped me? It is illegal to assault an unaware woman. When did I ever give you permission? Never.”

The victim, 72, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's refusal to take responsibility showed that: “The shame remains. The community is maybe in the midst of that, perhaps propelled by the collective awareness spurred by the publication of your situation.”

Sie said the defendant's claims of blamelessness showed how societal tolerance was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a culture of consent.”

The prosecutor addressed the defendant: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire unpleasant social system that you are endorsing.”

Defendant's Background

The accused was originated from the country of Turkey and at the age of 5 relocated to the nation of France, where his father worked as a building manager. The testimony revealed that his parent was abusive and that Dogan began using drugs aged 10. When he was 17 he was caught by authorities for dealing drugs and his parent evicted him the family house. He served time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of homelessness.

He was married and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The evidence showed his spouse did not know he had repeated intimate relations beyond their marriage. His legal team said this was his way of coping with his challenging existence. Dogan had informed a court psychologist that once a year he sought paid sex on his special day. His legal representatives informed the court he had joint inflammation triggered by the anxiety of the first trial.