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An individual has been found guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her spouse – and was given his jail term raised to ten years.

Higher Court Case

The defendant, 44, an out-of-work construction worker, who had challenged his initial guilty verdict last year, faced a retrial this week at the higher court in Nîmes.

A jury of nine jurors, sitting with three judges, found Dogan guilty on Thursday of sexually assaulting the victim in her bedroom in Provence in the morning of 29 June 2019.

The testimony revealed that the accused, a family man, made contact with Gisèle Pelicot’s husband at the time, Dominique Pelicot, in an online chatroom called “without her consent”, where the husband was seeking men to visit his house to rape his wife once he had drugged her into a deep sleep.

“We hope the court will say loud and clear that in this nation, human rights are also women’s rights – that consent is personal, not transferred,” declared the victim's attorney, Antoine Camus. “Agreement is secured personally and not via a representative from a husband.”

Context

The ex-husband, among the most severe sexual predators in France's contemporary records, was sentenced to twenty years in prison last year for drugging his spouse and inviting numerous individuals to sexually assault her in her home in the Provence village of the village of Mazan over a period of almost a decade of their marriage.

Dozens of additional defendants were found convicted in a high-profile trial last year, and the appellant was the single defendant to appeal against his sentence. He was first sentenced to nine years in prison, a sentence increased on Thursday to a decade.

The chief prosecutor, the prosecutor, had argued he should serve 12 years, because he “stubbornly rejects to take any responsibility”.

Testimony and Proof

The defendant had first sent the husband sexually explicit photos and then driven an hour from his residence in the region to rape Gisèle Pelicot, after telling his wife he was going out, the court heard.

The ex-husband, who was transported from segregation in prison to briefly testify at the hearing, stated to the court that Dogan had understood his wife had been “sedated” and he told to men by phone: “I’m looking for someone to violate my wife after I’ve sedated her without her knowledge.”

The courtroom became a central issue for a wider discussion on rape culture in society as the defendant continued to claim he was innocent and had not engaged in violation, arguing that because Gisèle Pelicot’s husband had invited him into the bedroom, his behavior had been permissible.

The panel in the Nîmes appeals court was displayed recorded footage of the victim's unconscious figure, unconscious and snoring in a unconscious condition, while a smiling the perpetrator committed rape multiple times over a timeframe of what authorities reported was several hours. The judge said she had been at danger of death by choking. The state's case said there was absolute certainty that she had been unaware and had not agreed.

Defendant's Statements

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

Questioned if he wanted to make a closing remarks to the court, the defendant said: “I never wanted to harm that individual.”

Victim's Response

The survivor, who was cheered upon departing the trial each day by crowds assembled to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you violated me? It’s a crime to assault an unconscious woman. How could I have give you agreement? At no time.”

The victim, 72, became an global icon after she relinquished her right to anonymity in the trial last year when she said: “The shame should shift.”

Prosecutor's Remarks

The prosecutor, speaking to Gisèle Pelicot in court, said Dogan’s refusal to take responsibility showed that: “Shame has not yet changed sides. The community is maybe in the course of that, maybe propelled by the public consciousness brought by the revelation of your ordeal.”

The prosecutor said the defendant's claims of innocence showed how normalized violence was still widespread in society as part of “outdated” forms of “gender-based power”. He said: “It is imperative to change rape culture to a ethos of permission.”

Sie addressed the defendant: “For as much as you reject it, it’s not just a woman, it’s an whole disturbing social system that you are supporting.”

Personal History

Dogan was originated from Turkey and at the age of five came to France, where his father worked as a caretaker. The testimony revealed that his parent was violent and that Dogan began using drugs at the age of ten. When Dogan was 17 he was apprehended by police for drug trafficking and his parent evicted him the family house. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had faced periods of being unhoused.

He was wed and had a son with Down’s syndrome, who he was the main caregiver for, as his spouse worked in a educational cafeteria. The testimony revealed his wife did not know he had repeated extramarital activities beyond their marriage. His defence said this was his method of dealing with his challenging existence. The defendant had informed a mental health expert that once a year he looked for commercial sex on his special day. His lawyers stated to the court he had arthritis caused by the anxiety of the first trial.