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An individual 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 a decade.

Higher Court Case

The defendant, 44, an unemployed builder, who had challenged his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel 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 29 June 2019.

The testimony revealed that Dogan, a family man, made contact with the victim's spouse, the husband, in an digital platform named “unbeknownst to her”, where the husband was seeking men to enter his residence to rape his wife after he had drugged her into a comatose state.

We expect the jury will declare that in this nation, fundamental rights are also women’s rights – that consent is individual, not transferred,” stated the victim's attorney, her legal representative. “Permission is secured personally and not via a representative from a husband.”

Context

Dominique Pelicot, among the most severe sexual predators in recent French history, was handed a sentence to 20 years in prison last year for sedating his then wife and inviting dozens of men to rape her in her home in the community of the village of Mazan over a span of many years of their union.

Dozens of additional defendants were found culpable in a notable trial last year, and the appellant was the sole individual to challenge his conviction. He was initially handed a term to nine years in prison, a punishment raised on Thursday to ten years.

The state's attorney, Dominique Sie, had argued he should serve 12 years, because he “completely denies to take any blame”.

Evidence Presented

The defendant had initially sent the husband graphic images and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after notifying his wife he was leaving, the testimony revealed.

The ex-husband, who was transported from solitary confinement in prison to temporarily give evidence at the retrial, stated to the court that the accused had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to violate my wife after I’ve sedated her without her knowledge.”

The trial became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to assert he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had invited him into the room, his actions had been acceptable.

The jury in the higher court was presented with video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning Dogan committed rape repeatedly over a duration of what authorities reported was several hours. The court official said she had been at peril of fatal outcome by choking. The state's case said there was no question that she had been unconscious and had not given permission.

Accused's Testimony

The defendant informed the court the footage were simply “sexual encounters” and rejected it was violation. 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 brought him to the home, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan told the court. “I continued because he persuaded me.”

Asked if he wanted to make a final statement to the court, Dogan said: “I did not intend to injure that woman.”

Pelicot's Words

The victim, who was cheered upon leaving court each day by supporters present to stand with her, addressed the defendant in court: “You do not grasp. When will you admit you assaulted me? It’s a crime to rape an unconscious woman. When did I ever give you agreement? Not once.”

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

State's Argument

The prosecutor, turning to the victim in court, said the defendant's failure to take accountability showed that: “Shame has not yet changed sides. The community is possibly in the course of that, possibly motivated by the public consciousness spurred by the exposure of your situation.”

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

Sie addressed Dogan: “As long as you refuse to admit it, it’s not just a woman, it’s an entire unpleasant social system that you are supporting.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of five relocated to the nation of France, where his father worked as a concierge. The testimony revealed that his father was abusive and that the defendant began smoking cannabis aged 10. When he was seventeen he was stopped by police for dealing drugs and his father kicked him out the residence. He spent time in prison for narcotics offenses in his twenties and had worked as a laborer but had faced periods of being unhoused.

He was married and had a son with special needs, who he was the primary guardian for, as his spouse worked in a educational cafeteria. The evidence showed his wife did not know he had frequent extramarital activities outside their marriage. His defence said this was his method of dealing with his stressful life. The defendant had stated to a mental health expert that once a year he looked for transactional encounters on his special day. His lawyers informed the court he had a medical condition resulting from the anxiety of the initial proceedings.