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A man has been found guilty on retrial of sexually assaulting Gisèle Pelicot following she was sedated by her then-husband – and has had his incarceration period extended to ten years.

Higher Court Case

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

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

The evidence showed that the accused, a family man, connected with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom called “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a deep sleep.

“We hope the court will say loud and clear that in this nation, human rights are also women’s rights – that permission is individual, not delegated,” declared the victim's lawyer, Antoine Camus. “Permission is secured directly and not by proxy from a spouse.”

Context

The husband, among the most severe sexual predators in modern French history, was handed a sentence to 20 years in prison last year for incapacitating his wife at the time and inviting multiple perpetrators to rape her in her home in the town of the village of Mazan over a duration of nearly ten years of their marriage.

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

The lead state prosecutor, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any accountability”.

Evidence Presented

The defendant had initially sent Dominique Pelicot graphic images and then traveled an hour from his village in the region to assault the victim, after informing his wife he was leaving, the evidence indicated.

Pelicot, who was brought from solitary confinement in prison to briefly provide testimony at the appeal trial, informed the court that the accused had known his wife had been “sedated” and he told to men by phone: “I’m looking for someone to assault my wife after I’ve sedated her without her knowledge.”

The trial became a central issue for a wider discussion on societal attitudes in society as Dogan continued to claim he was not guilty and had not engaged in violation, contending that because the victim's husband had welcomed him into the room, his actions had been permissible.

The panel in the Nîmes appeals court was shown video evidence of Gisèle Pelicot’s unconscious figure, sedated and breathing heavily in a deep sleep, while a grinning Dogan performed assault on several occasions over a timeframe of what police said was 3.5 hours. The court official said she had been at peril of death by asphyxiation. The prosecution said there was no question that she had been unaware and had not consented.

Defendant's Statements

Dogan told the court the footage were simply “sex scenes” and disputed it was rape. He said what he did was “an intimate behavior”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was permissible. He said he was influenced by the husband. “I attempted to cease,” the accused informed the court. “I continued because he convinced me.”

Questioned if he wanted to make a last words to the court, Dogan said: “I had no desire to injure that lady.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon departing the trial each day by crowds gathered to stand with her, told the defendant in court: “You do not grasp. When will you admit you assaulted me? It is unlawful to assault an incapacitated woman. How could I have give you agreement? Not once.”

Gisèle Pelicot, 72, became an symbol of resistance after she gave up her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, addressing the victim in court, said Dogan’s refusal to take blame showed that: “Shame has not yet changed sides. Society is perhaps in the midst of that, possibly driven by the collective awareness resulting from the exposure of your situation.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common 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.”

Sie said to the defendant: “For as much as you refuse to admit it, it’s not just a woman, it’s an whole sordid societal structure that you are upholding.”

Defendant's Background

Dogan was originated from the country of Turkey and at the age of 5 moved to the nation of France, where his parent worked as a caretaker. The court heard that his father was violent and that the defendant began consuming marijuana at the age of 10. When he was 17 he was stopped by authorities for dealing drugs and his parent evicted him of home. He served time in prison for trafficking in his twenties and had worked as a construction worker but had undergone periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The evidence showed his spouse did not know he had repeated sexual encounters outside their union. His legal team said this was his strategy for managing with his challenging existence. Dogan had stated to a court psychologist that each year he looked for transactional encounters on his birthday. His attorneys stated to the court he had a medical condition resulting from the anxiety of the first trial.