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A defendant has been found guilty on higher court review of raping Gisele Pelicot following she was drugged unconscious by her spouse – and has had his jail term extended to a decade.

Higher Court Case

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

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of sexually assaulting Pelicot in her home in southern France in the morning of June 29, 2019.

The court heard that the accused, a family man, connected with the victim's then husband, the husband, in an online chatroom titled “without her knowledge”, where the husband was recruiting men to visit his house to rape his wife after he had drugged her into a unconscious state.

We trust the panel will affirm that in this country, human rights are also rights of women – that permission is personal, not given by another,” stated Gisèle Pelicot’s lawyer, her legal representative. “Consent is obtained directly and not by proxy from a husband.”

Context

The husband, among the most severe sexual predators in France's contemporary records, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and bringing in numerous individuals to sexually assault her in her home in the town of Mazan over a period of many years of their marriage.

Fifty other men were found guilty in a high-profile trial last year, and the appellant was the single defendant to appeal against his conviction. He was originally given a sentence to nine years in prison, a penalty increased on Thursday to 10 years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “absolutely refuses to take any accountability”.

Testimony and Proof

The defendant had initially sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to rape Gisèle Pelicot, after informing his wife he was stepping out, the evidence indicated.

The ex-husband, who was brought from isolation in prison to temporarily testify at the appeal trial, informed the court that Dogan had known his wife had been “incapacitated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her consent.”

The trial became a central issue for a larger conversation on societal attitudes in society as the defendant continued to claim he was blameless and had not committed rape, arguing that because the victim's husband had invited him into the room, his behavior had been justifiable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unresponsive form, sedated and breathing heavily in a comatose state, while a grinning the perpetrator committed rape on several occasions over a timeframe of what police said was several hours. The court official said she had been at peril of death by asphyxiation. The state's case said there was absolute certainty that she had been incapacitated and had not agreed.

Defendant's Statements

Dogan informed the court the footage were simply “sex scenes” and denied it was rape. He said what he did was “a sexual act”, not assault. He told the court: “I did not commit rape.” He said the victim's husband had allowed him to the house, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” the accused stated to the court. “I continued because he persuaded me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to hurt that lady.”

Survivor's Statement

The survivor, who was supported upon departing the trial each day by crowds assembled to back her, told the defendant in court: “You fail to comprehend. When will you admit you raped me? It’s a crime to assault an unconscious woman. How could I have give you permission? Never.”

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

Legal Commentary

The prosecutor, addressing Gisèle Pelicot in court, said the defendant's unwillingness to take responsibility showed that: “Guilt has not shifted. The community is possibly in the process of that, perhaps motivated by the societal understanding resulting from the publication of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how rape culture was still prevalent in society as part of “archaic” forms of “male domination”. He said: “We need to change the culture of violence to a ethos of permission.”

The prosecutor said to the defendant: “While you deny it, it’s not just a person, it’s an complete sordid cultural framework that you are supporting.”

Personal History

The accused was born in the country of Turkey and at the age of 5 relocated to France, where his father worked as a building manager. The court heard that his father was abusive and that the defendant began using drugs at the age of 10. When Dogan was 17 he was stopped by police for dealing drugs and his father kicked him out the family house. He served time in prison for drug dealing in his twenties and had worked as a laborer but had faced periods of homelessness.

He was wed and had a child with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had regular sexual encounters outside their union. His legal team said this was his method of dealing with his challenging existence. The defendant had told a mental health expert that once a year he looked for commercial sex on his birthday. His legal representatives stated to the court he had a medical condition caused by the anxiety of the first trial.