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A man was declared guilty on appeal of sexually assaulting Gisèle Pelicot following she was sedated by her spouse – and was given his prison sentence raised to ten years.

Higher Court Case

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

A panel of four women and five men, accompanied by three judges, ruled against Dogan on Thursday of raping Pelicot in her residence in the south of France in the morning of June 29, 2019.

The evidence showed that Dogan, a married father, made contact with the victim's then husband, Dominique Pelicot, in an online chatroom named “unbeknownst to her”, where Pelicot was recruiting men to come to his home to assault his wife after he had rendered her unconscious into a comatose state.

We expect the jury will affirm that in this nation, fundamental rights are also rights of women – that agreement is individual, not delegated,” declared the victim's attorney, her legal representative. “Consent is secured personally and not through someone else from a husband.”

Context

Dominique Pelicot, one of the worst sexual predators in modern French history, was given a prison term to 20 years in prison last year for drugging his wife at the time and soliciting dozens of men to rape her in her home in the Provence village of Mazan over a span of almost a decade of their union.

Fifty other men were found culpable in a notable trial last year, and Dogan was the sole individual to appeal against his conviction. He was originally given a sentence to 9 years in prison, a sentence enhanced on Thursday to 10 years.

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

Evidence Presented

The defendant had first sent Dominique Pelicot sexually explicit photos and then traveled an hour from his village in the region to assault Gisèle Pelicot, after notifying his wife he was going out, the evidence indicated.

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

The trial became a focus point for a wider discussion on societal attitudes in society as the defendant continued to claim he was blameless and had not engaged in violation, stating that because Gisèle Pelicot’s husband had invited him into the room, his actions had been justifiable.

The jury in the Nîmes appeals court was shown recorded footage of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a smiling Dogan engaged in violation multiple times over a period of what police said was three and a half hours. The presiding judge said she had been at peril of fatal outcome by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not given permission.

Dogan's Claims

Dogan stated to the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I am innocent of assault.” He said the victim's husband had brought him to the house, and therefore it was permissible. He said he was manipulated by Dominique Pelicot. “I tried to halt,” the accused stated to the court. “I carried on because he reassured me.”

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

Victim's Response

The victim, who was cheered upon leaving court each day by supporters gathered to support her, told the defendant in court: “You do not grasp. When are you going to recognise you raped me? It’s a crime to rape an unaware woman. At what point did I give you agreement? At no time.”

Gisèle Pelicot, 72, became an symbol of resistance after she waived her right to confidentiality in the trial last year when she said: “The shame should shift.”

State's Argument

Sie, turning to Gisèle Pelicot in court, said Dogan’s failure to take responsibility showed that: “Shame has not yet changed sides. The community is possibly in the course of that, possibly driven by the collective awareness resulting from the publication of your ordeal.”

Sie said the defendant's claims of non-guilt showed how societal tolerance was still prevalent in society as part of “archaic” forms of “patriarchal control”. He said: “We need to change rape culture to a society based on agreement.”

Sie told the defendant: “As long as you reject it, it’s not just a person, it’s an whole unpleasant societal structure that you are supporting.”

Personal History

The accused was originated from Turkey and at the age of 5 came to France, where his parent worked as a concierge. The testimony revealed that his father was violent and that Dogan began smoking cannabis aged 10. When he was seventeen he was stopped by police for selling narcotics and his father forced him to leave the family house. He served time in prison for drug dealing in his twenties and had worked as a laborer but had undergone periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his wife did not know he had repeated sexual encounters outside their marriage. His defence said this was his way of coping with his difficult circumstances. Dogan had stated to a court psychologist that once a year he engaged in commercial sex on his birthday. His attorneys told the court he had arthritis triggered by the pressure of the first trial.