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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her husband – and has had his incarceration period raised to a decade.

Appeal Trial

The defendant, forty-four, an out-of-work construction worker, who had challenged his initial guilty verdict last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A panel of five men and four women, joined by three judges, ruled against Dogan on Thursday of raping the victim in her home in southern France in the morning of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s husband at the time, the husband, in an online chatroom titled “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife once he had rendered her unconscious into a unconscious state.

“We hope the panel will affirm that in this country, fundamental rights are also rights of women – that consent is individual, not delegated,” said the victim's attorney, her legal representative. “Agreement is received personally and not by proxy from a spouse.”

Context

The husband, a notorious sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for drugging his wife at the time and inviting numerous individuals to rape her in her home in the Provence village of Mazan over a duration of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a widely publicized trial last year, and Dogan was the single defendant to contest his sentence. He was first given a sentence to 9 years in prison, a sentence increased on Thursday to 10 years.

The lead state prosecutor, the prosecutor, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

Dogan had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to rape the victim, after notifying his wife he was stepping out, the testimony revealed.

Pelicot, who was brought from isolation in prison to temporarily provide testimony at the hearing, informed the court that Dogan had known his wife had been “sedated” and he told to men by phone: “I want someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a broader debate on rape culture in society as Dogan continued to claim he was blameless and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had welcomed him into the residence, his behavior had been justifiable.

The jury in the higher court was displayed recorded footage of Gisèle Pelicot’s limp body, unconscious and breathing heavily in a comatose state, while a smiling Dogan engaged in violation on several occasions over a period of what police said was several hours. The judge said she had been at risk of fatal outcome by suffocation. The state's case said there was no question that she had been incapacitated and had not consented.

Defendant's Statements

Dogan stated to the court the videos were simply “intimate moments” and denied it was assault. He said what he did was “a consensual activity”, not assault. He declared the court: “I never raped.” He said Gisèle Pelicot’s husband had invited him to the home, and therefore it was permissible. He said he was deceived by the husband. “I attempted to cease,” Dogan informed the court. “I continued because he convinced me.”

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

Victim's Response

Gisèle Pelicot, who was applauded upon departing the trial each day by supporters assembled to stand with her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you assaulted me? It is illegal to rape an unconscious woman. At what point did I give you permission? At no time.”

Gisèle Pelicot, seventy-two, became an global icon 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 the defendant's failure to take responsibility showed that: “The shame remains. The public is perhaps in the process of that, perhaps propelled by the public consciousness resulting from the publication of your situation.”

The prosecutor said the defendant's claims of innocence showed how societal tolerance was still widespread in society as part of “old-fashioned” forms of “male domination”. He said: “It is imperative to change rape culture to a society based on agreement.”

The prosecutor said to the defendant: “As long as you reject it, it’s not just a woman, it’s an whole disturbing cultural framework that you are upholding.”

Defendant's Background

The accused was born in the country of Turkey and at the age of five moved to France, where his father worked as a caretaker. The testimony revealed that his father was abusive and that the defendant began smoking cannabis at the age of 10. When he was 17 he was stopped by authorities for selling narcotics and his parent forced him to leave of home. He spent time in prison for trafficking in his young adulthood and had worked as a builder 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 court heard his spouse did not know he had regular intimate relations outside their union. His defence said this was his way of coping with his challenging existence. The defendant had told a court psychologist that each year he sought commercial sex on his special day. His lawyers informed the court he had joint inflammation caused by the stress of the original case.