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An individual was convicted on appeal of sexually assaulting Gisele Pelicot following she was drugged unconscious by her then-husband – and was given his incarceration period increased to ten years.

Appeal Trial

Dogan, 44, an out-of-work construction worker, who had appealed his first conviction last year, faced a appeal hearing this week at the higher court in Nîmes.

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

The court heard that the accused, a married father, connected with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom named “without her knowledge”, where the husband was recruiting men to enter his residence to assault his wife once he had rendered her unconscious into a deep sleep.

“We hope the panel will say loud and clear that in this society, human rights are also rights of women – that permission is individual, not transferred,” said the victim's attorney, her legal representative. “Consent is received directly and not through someone else from a spouse.”

Background

Dominique Pelicot, one of the worst sex offenders in France's contemporary records, was sentenced to two decades in prison last year for sedating his then wife and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of many years of their union.

Fifty other men were found culpable in a notable trial last year, and the appellant was the single defendant to challenge his verdict. He was first given a sentence to 9 years in prison, a punishment increased on Thursday to a decade.

The state's attorney, the prosecutor, had contended he should serve twelve years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his town in the region to rape Gisèle Pelicot, after notifying his wife he was leaving, the evidence indicated.

Pelicot, who was transported from solitary confinement in prison to temporarily testify at the retrial, stated to the court that Dogan had known his wife had been “sedated” and he said to men by phone: “I want someone to violate my wife after I’ve sedated her without her consent.”

The proceedings became a central issue for a larger conversation on rape culture in society as the defendant continued to claim he was innocent and had not perpetrated assault, stating that because Gisèle Pelicot’s husband had invited him into the residence, his behavior had been justifiable.

The jury in the higher court was presented with visual proof of Gisèle Pelicot’s unresponsive form, sedated and snoring in a comatose state, while a smiling the perpetrator engaged in violation repeatedly over a period of what investigators stated was three and a half hours. The judge said she had been at peril of death by choking. The state prosecution said there was absolute certainty that she had been unconscious and had not given permission.

Dogan's Claims

Dogan informed the court the recordings were simply “sex scenes” and denied it was violation. He said what he did was “an intimate behavior”, not rape. He stated the court: “I never raped.” He said the victim's husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan stated to the court. “I proceeded because he convinced me.”

Asked if he wanted to make a last words to the court, Dogan said: “I never wanted to harm that individual.”

Survivor's Statement

Gisèle Pelicot, who was applauded upon leaving court each day by crowds gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When are you going to recognise you violated me? It is illegal to assault an unaware woman. At what point did I give you permission? Never.”

Gisèle Pelicot, seventy-two, became an global icon after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

State's Argument

Sie, speaking to the victim in court, said Dogan’s failure to take accountability showed that: “The shame remains. Society is possibly in the course of that, maybe driven by the public consciousness brought by the revelation of your ordeal.”

Sie said the defendant's claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “male domination”. He said: “Now we must change the culture of violence to a ethos of permission.”

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

Personal History

The accused was originated from Turkey and at the age of five came to France, where his father worked as a building manager. The testimony revealed that his father was aggressive and that the defendant began consuming marijuana at the age of 10. When he was seventeen he was caught by authorities for dealing drugs and his father evicted him the family house. He served time in prison for trafficking in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a child with a genetic condition, who he was the primary guardian for, as his spouse worked in a school canteen. The court heard his wife did not know he had repeated extramarital activities outside their union. His legal team said this was his method of dealing with his stressful life. Dogan had informed a mental health expert that annually he sought paid sex on his special day. His lawyers stated to the court he had joint inflammation triggered by the pressure of the first trial.