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An individual has been found guilty on retrial of sexually assaulting Gisèle Pelicot after she was sedated by her spouse – and was given his prison sentence extended to a decade.

Higher Court Case

The defendant, forty-four, an unemployed builder, who had appealed his first conviction last year, experienced a appeal hearing this week at the Nîmes court of appeal.

A panel of five men and four women, accompanied by three judges, found Dogan guilty on Thursday of raping the victim in her bedroom in the south of France in the early hours of 29 June 2019.

The court heard that the accused, a family man, reached out to Gisèle Pelicot’s then husband, the husband, in an internet forum titled “without her consent”, where Pelicot was recruiting men to enter his residence to rape his wife after he had sedated her into a unconscious state.

We expect the panel will affirm that in this nation, human rights are also women’s rights – that consent is personal, not given by another,” stated the victim's attorney, her legal representative. “Permission is obtained personally and not by proxy from a spouse.”

Case History

The ex-husband, one of the worst sex offenders in France's contemporary records, was given a prison term to two decades in prison last year for drugging his wife at the time and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a duration of almost a decade of their union.

Numerous other individuals were found convicted in a widely publicized trial last year, and Dogan was the sole individual to contest his sentence. He was initially sentenced to 9 years in prison, a penalty raised on Thursday to ten years.

The chief prosecutor, Dominique Sie, had argued he should serve twelve years, because he “absolutely refuses to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then traveled an hour from his residence in the region to assault Gisèle Pelicot, after informing his wife he was leaving, the court heard.

Pelicot, who was brought from isolation in prison to briefly testify at the retrial, stated to the court that Dogan had known his wife had been “drugged” and he told to men by phone: “I’m looking for someone to abuse my wife after I’ve rendered her unconscious unbeknownst to her.”

The trial became a central issue for a larger conversation on rape culture in society as Dogan continued to assert he was blameless and had not perpetrated assault, arguing that because Gisèle Pelicot’s husband had allowed him into the residence, his behavior had been justifiable.

The jury in the higher court was presented with recorded footage of the victim's unresponsive form, unconscious and breathing heavily in a comatose state, while a smiling Dogan engaged in violation repeatedly over a duration of what authorities reported was 3.5 hours. The judge said she had been at risk of death by asphyxiation. The prosecution said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

The defendant informed the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not rape. He told the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the house, and therefore it was OK. He said he was deceived by the husband. “I wanted to stop,” Dogan informed the court. “I carried on because he reassured me.”

Inquired if he wanted to make a last words to the court, the defendant said: “I had no desire to harm that individual.”

Survivor's Statement

The survivor, who was cheered upon exiting the courtroom each day by supporters gathered to back her, said to the defendant in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to rape an unconscious woman. At what point did I give you agreement? Never.”

The victim, seventy-two, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “Shame must change sides.”

Prosecutor's Remarks

Sie, addressing the victim in court, said the defendant's unwillingness to take responsibility showed that: “Shame has not yet changed sides. Society is maybe in the midst of that, perhaps motivated by the societal understanding spurred by the revelation of your case.”

Sie said Dogan’s claims of non-guilt showed how rape culture was still prevalent in society as part of “outdated” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie addressed the defendant: “As long as you deny it, it’s not just a individual, it’s an complete disturbing cultural framework that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five moved to the nation of France, where his parent worked as a building manager. The court heard that his father was aggressive and that Dogan began using drugs aged 10. When he was 17 he was stopped by authorities for selling narcotics and his parent kicked him out of home. He spent time in prison for trafficking in his early 20s and had worked as a laborer but had experienced periods of homelessness.

He was wed and had a son with Down’s syndrome, who he was the primary guardian for, as his wife worked in a school canteen. The evidence showed his spouse did not know he had regular sexual encounters beyond their union. His legal team said this was his way of coping with his difficult circumstances. Dogan had told a evaluator that each year he engaged in commercial sex on his special day. His legal representatives stated to the court he had joint inflammation caused by the stress of the original case.