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An individual has been found guilty on appeal of raping Gisèle Pelicot after she was sedated by her then-husband – and received his incarceration period increased to a decade.

Higher Court Case

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

A panel of nine jurors, accompanied by three judges, ruled against Dogan on Thursday of raping the victim in her bedroom in southern France in the morning of 29 June 2019.

The evidence showed that Dogan, a married father, reached out to the victim's then husband, Dominique Pelicot, in an digital platform named “unbeknownst to her”, where the husband was looking for men to enter his residence to rape his wife after he had drugged her into a unconscious state.

“We hope the court will declare that in this society, human rights are also rights of women – that consent is personal, not transferred,” declared the victim's attorney, Antoine Camus. “Consent is received directly and not through someone else from a spouse.”

Context

Dominique Pelicot, a notorious sexual predators in recent French history, was given a prison term to 20 years in prison last year for sedating his wife at the time and bringing in dozens of men to sexually assault her in her home in the community of the village of Mazan over a duration of many years of their union.

Numerous other individuals were found culpable in a notable trial last year, and the appellant was the only man to challenge his conviction. He was initially given a sentence to 9 years in prison, a penalty increased on Thursday to a decade.

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

Evidence Presented

Dogan had first sent the husband sexually explicit photos and then driven an hour from his village in Provence to assault the victim, after notifying his wife he was leaving, the court heard.

Pelicot, who was transported from segregation in prison to temporarily provide testimony at the hearing, told the court that Dogan had understood his wife had been “incapacitated” and he told to men by phone: “I seek someone to assault my wife after I’ve sedated her without her consent.”

The proceedings became a key topic for a larger conversation on sexual violence norms in society as Dogan continued to assert he was not guilty and had not committed rape, arguing that because the victim's husband had invited him into the residence, his behavior had been acceptable.

The jury in the Nîmes appeals court was shown recorded footage of Gisèle Pelicot’s unconscious figure, unconscious and breathing heavily in a comatose state, while a smiling Dogan committed rape on several occasions over a period of what police said was several hours. The judge said she had been at peril of fatal outcome by asphyxiation. The state prosecution said there was no doubt that she had been incapacitated and had not consented.

Accused's Testimony

Dogan stated to the court the footage were simply “sex scenes” and disputed it was assault. He said what he did was “a sexual act”, not rape. He stated the court: “I never raped.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was acceptable. He said he was influenced by Dominique Pelicot. “I wanted to stop,” the accused informed the court. “I proceeded because he convinced me.”

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

Survivor's Statement

The victim, who was applauded upon leaving court each day by onlookers gathered to support her, addressed Dogan in court: “You haven’t understood. When are you going to recognise you violated me? It is unlawful to rape an incapacitated woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she relinquished her right to confidentiality in the trial last year when she said: “Guilt ought to transfer.”

Prosecutor's Remarks

Sie, turning to the victim in court, said Dogan’s refusal to take responsibility showed that: “Guilt has not shifted. Society is maybe in the process of that, maybe driven by the collective awareness spurred by the revelation of your case.”

Sie said the defendant's claims of innocence showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “patriarchal control”. He said: “It is imperative to change the culture of violence to a society based on agreement.”

Sie told the defendant: “As long as you refuse to admit it, it’s not just a individual, it’s an entire disturbing cultural framework that you are endorsing.”

Biographical Details

Dogan was originated from the country of Turkey and at the age of 5 came to France, where his parent worked as a building manager. The testimony revealed that his parent was aggressive and that Dogan began smoking cannabis at the age of ten. When Dogan was 17 he was caught by police for drug trafficking and his father kicked him out of home. He was incarcerated in prison for drug dealing in his twenties and had worked as a builder but had experienced periods of living on the streets.

He was wed and had a son with special needs, who he was the primary guardian for, as his spouse worked in a institution's dining hall. The court heard his wife did not know he had frequent extramarital activities outside their union. His legal team said this was his method of dealing with his difficult circumstances. Dogan had informed a mental health expert that once a year he sought transactional encounters on his special day. His attorneys informed the court he had a medical condition triggered by the stress of the first trial.