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A man has been found guilty on higher court review of raping Gisèle Pelicot following she was drugged unconscious by her then-husband – and received his incarceration period extended to 10 years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had contested his first conviction last year, experienced a new trial this week at the appeals court in Nîmes.

A jury of five men and four women, accompanied by three judges, convicted Dogan on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a family man, connected with the victim's spouse, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where the husband was recruiting men to visit his house to assault his wife after he had drugged her into a unconscious state.

“We hope the panel will declare that in this nation, human rights are also rights of women – that consent is individual, not transferred,” stated the victim's attorney, her legal representative. “Permission is secured personally and not by proxy from a spouse.”

Background

The husband, one of the worst sexual predators in modern French history, was handed a sentence to twenty years in prison last year for sedating his then wife and bringing in multiple perpetrators to sexually assault her in her home in the community of Mazan over a duration of nearly ten years of their marriage.

Fifty other men were found convicted in a widely publicized trial last year, and Dogan was the single defendant to appeal against his sentence. He was initially handed a term to nine years in prison, a punishment enhanced on Thursday to ten years.

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

Evidence Presented

Dogan had first sent Dominique Pelicot inappropriate pictures and then traveled an hour from his town in Provence to rape Gisèle Pelicot, after informing his wife he was leaving, the evidence indicated.

The ex-husband, who was brought from segregation in prison to temporarily give evidence at the retrial, told the court that Dogan had understood his wife had been “sedated” and he communicated to men by phone: “I’m looking for someone to violate my wife after I’ve put her to sleep without her knowledge.”

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to say he was innocent and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his conduct had been permissible.

The panel in the Nîmes appeals court was shown visual proof of Gisèle Pelicot’s limp body, sedated and breathing heavily in a comatose state, while a smiling the perpetrator performed assault on several occasions over a duration of what investigators stated was several hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been unconscious and had not agreed.

Dogan's Claims

Dogan stated to the court the videos were simply “intimate moments” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had invited him to the house, and therefore it was OK. He said he was deceived by the husband. “I attempted to cease,” the accused told the court. “I continued because he persuaded me.”

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

Pelicot's Words

The survivor, who was supported upon exiting the courtroom each day by onlookers present to support her, said to Dogan in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is unlawful to rape an unconscious woman. When did I ever give you permission? Never.”

Gisèle Pelicot, 72, became an global icon after she waived her right to confidentiality in the trial last year when she said: “Shame must change sides.”

State's Argument

Sie, speaking to the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. The community is perhaps in the midst of that, possibly motivated by the societal understanding 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 “male domination”. He said: “Now we must change rape culture to a ethos of permission.”

The prosecutor told the defendant: “For as much as you deny it, it’s not just a woman, it’s an whole unpleasant cultural framework that you are endorsing.”

Biographical Details

The accused was originated from the country of Turkey and at the age of 5 came to the nation of France, where his father worked as a caretaker. The court heard that his parent was abusive and that Dogan began consuming marijuana at the age of ten. When Dogan was 17 he was stopped by authorities for selling narcotics and his father forced him to leave the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of being unhoused.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his spouse worked in a school canteen. The testimony revealed his wife did not know he had regular extramarital activities beyond their marriage. His defence said this was his method of dealing with his stressful life. Dogan had told a court psychologist that once a year he looked for transactional encounters on his birthday. His lawyers informed the court he had arthritis triggered by the stress of the initial proceedings.