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A defendant has been found guilty on appeal of sexually assaulting Gisèle Pelicot following she was drugged unconscious by her spouse – and was given his incarceration period increased to 10 years.

Higher Court Case

Dogan, forty-four, an unemployed builder, who had appealed his initial guilty verdict last year, faced a appeal hearing this week at the higher court in Nîmes.

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

The court heard that the accused, a family man, made contact with the victim's spouse, the husband, in an internet forum titled “without her consent”, where Pelicot was seeking men to come to his home to rape his wife after he had drugged her into a unconscious state.

“We hope the jury will declare that in this nation, human rights are also rights of women – that consent is individual, not delegated,” declared Gisèle Pelicot’s lawyer, Antoine Camus. “Consent is received directly and not through someone else from a husband.”

Case History

The ex-husband, among the most severe sexual predators in modern French history, was sentenced to two decades in prison last year for incapacitating his then wife and soliciting numerous individuals to rape her in her home in the town of Mazan over a span of almost a decade of their marriage.

Numerous other individuals were found guilty in a high-profile trial last year, and Dogan was the only man to contest his verdict. He was first sentenced to 9 years in prison, a punishment enhanced on Thursday to a decade.

The lead state prosecutor, the prosecutor, had stated he should serve 12 years, because he “absolutely refuses to take any responsibility”.

Evidence Presented

Dogan had initially sent Dominique Pelicot sexually explicit photos and then driven an hour from his residence in Provence to assault the victim, after telling his wife he was stepping out, the court heard.

Pelicot, who was brought from isolation in prison to temporarily testify at the hearing, informed the court that Dogan had known his wife had been “drugged” and he said to men by phone: “I seek someone to assault my wife after I’ve rendered her unconscious without her consent.”

The courtroom became a key topic for a wider discussion on rape culture in society as the defendant continued to assert he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had allowed him into the room, his conduct had been permissible.

The panel in the Nîmes appeals court was presented with visual proof of the victim's unconscious figure, comatose and breathing heavily in a comatose state, while a smiling the perpetrator engaged in violation on several occasions over a duration of what police said was several hours. The presiding judge said she had been at peril of death by choking. The state prosecution said there was no doubt that she had been unconscious and had not agreed.

Defendant's Statements

The defendant stated to the court the videos were simply “intimate moments” and disputed it was violation. He said what he did was “a sexual act”, not assault. He declared the court: “I never raped.” He said the victim's husband had brought him to the residence, and therefore it was acceptable. He said he was deceived by Dominique Pelicot. “I wanted to stop,” Dogan told the court. “I continued because he persuaded me.”

Questioned if he wanted to make a final statement to the court, Dogan said: “I did not intend to harm that individual.”

Pelicot's Words

The survivor, who was applauded upon leaving court each day by supporters present to stand with her, told the defendant in court: “You do not grasp. When will you admit you assaulted me? It is illegal to rape an unconscious woman. How could I have give you consent? Not once.”

The victim, 72, became an global icon after she waived her right to privacy in the trial last year when she said: “Shame must change sides.”

State's Argument

The prosecutor, turning to the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is maybe in the process of that, maybe motivated by the collective awareness resulting from the exposure of your case.”

Sie said Dogan’s claims of blamelessness showed how rape culture was still common in society as part of “archaic” forms of “patriarchal control”. He said: “It is imperative to change rape culture to a culture of consent.”

Sie addressed Dogan: “For as much as you refuse to admit it, it’s not just a individual, it’s an entire sordid societal structure that you are upholding.”

Personal History

Dogan was originated from the country of Turkey and at the age of five came to France, where his parent worked as a concierge. The testimony revealed that his parent was abusive and that the defendant began smoking cannabis at the age of ten. When he was seventeen he was apprehended by authorities for dealing drugs and his parent forced him to leave the family house. He served time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had undergone periods of living on the streets.

He was married and had a child with a genetic condition, who he was the main caregiver for, as his wife worked in a educational cafeteria. The court heard his wife did not know he had frequent intimate relations beyond their union. His defence said this was his method of dealing with his difficult circumstances. The defendant had told a court psychologist that once a year he engaged in commercial sex on his special day. His attorneys stated to the court he had arthritis resulting from the anxiety of the first trial.