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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot following she was sedated by her spouse – and was given his jail term increased to 10 years.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had contested his first conviction last year, underwent a appeal hearing this week at the appeals court in Nîmes.

A jury of nine jurors, joined by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in southern France in the early hours of June 29, 2019.

The testimony revealed that Dogan, a married father, connected with Gisèle Pelicot’s then husband, the husband, in an digital platform called “unbeknownst to her”, where the husband was recruiting men to enter his residence to rape his wife after he had drugged her into a comatose state.

“We hope the court will affirm that in this nation, fundamental rights are also rights of women – that agreement is personal, not given by another,” declared the victim's lawyer, her legal representative. “Agreement is secured directly and not by proxy from a husband.”

Background

The husband, a notorious sex offenders in recent French history, was sentenced to twenty years in prison last year for incapacitating his wife at the time and bringing in numerous individuals to rape her in her home in the community of the village of Mazan over a span of nearly ten years of their marriage.

Numerous other individuals were found guilty in a widely publicized trial last year, and the appellant was the single defendant to contest his verdict. He was first given a sentence to 9 years in prison, a penalty enhanced on Thursday to ten years.

The lead state prosecutor, Dominique Sie, had contended he should serve twelve years, because he “completely denies to take any accountability”.

Courtroom Details

The defendant had first sent the husband inappropriate pictures and then driven an hour from his residence in the region to assault the victim, after telling his wife he was leaving, the evidence indicated.

The ex-husband, who was transported from solitary confinement in prison to temporarily testify at the retrial, informed the court that Dogan had known 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 courtroom became a key topic for a broader debate on rape culture in society as the defendant continued to claim he was innocent and had not perpetrated assault, contending that because Gisèle Pelicot’s husband had allowed him into the bedroom, his actions had been justifiable.

The jury in the Nîmes appeals court was shown video evidence of the victim's unconscious figure, comatose and snoring in a unconscious condition, while a smiling the perpetrator engaged in violation repeatedly over a timeframe of what authorities reported was 3.5 hours. The court official said she had been at danger of fatal outcome by choking. The state prosecution said there was absolute certainty that she had been unaware and had not agreed.

Dogan's Claims

Dogan stated to the court the videos were simply “sex scenes” and denied it was violation. He said what he did was “a consensual activity”, not rape. 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 deceived by the husband. “I attempted to cease,” the accused told the court. “I carried on because he convinced me.”

Asked if he wanted to make a final statement to the court, the defendant said: “I had no desire to hurt that individual.”

Pelicot's Words

Gisèle Pelicot, who was supported upon leaving court each day by onlookers assembled to back her, addressed Dogan in court: “You fail to comprehend. When will you admit you violated me? It is unlawful to rape an unaware woman. How could I have give you permission? At no time.”

The victim, seventy-two, became an symbol of resistance after she gave up her right to anonymity in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

The prosecutor, turning to Gisèle Pelicot in court, said the defendant's failure to take blame showed that: “Guilt has not shifted. The community is possibly in the process of that, maybe driven by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said the defendant's claims of blamelessness showed how normalized violence was still prevalent in society as part of “archaic” forms of “gender-based power”. He said: “Now we must change the culture of violence to a culture of consent.”

The prosecutor addressed Dogan: “For as much as you deny it, it’s not just a individual, it’s an whole unpleasant social system that you are supporting.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five moved 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 Dogan was 17 he was caught by police for selling narcotics and his father forced him to leave of home. He spent time in prison for drug dealing in his twenties and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a son with a genetic condition, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The testimony revealed his wife did not know he had repeated extramarital activities outside their marriage. His defence said this was his method of dealing with his difficult circumstances. The defendant had stated to a evaluator that annually he looked for paid sex on his birthday. His attorneys stated to the court he had joint inflammation resulting from the stress of the initial proceedings.