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An individual has been found guilty on retrial of sexually assaulting Gisele Pelicot after she was drugged unconscious by her spouse – and received his incarceration period raised to a decade.

Higher Court Case

Dogan, forty-four, an out-of-work construction worker, who had appealed his first conviction last year, faced a new trial this week at the Nîmes court of appeal.

A jury of four women and five men, joined by three judges, found Dogan guilty on Thursday of sexually assaulting Pelicot in her residence in the south of France in the early hours of June 29, 2019.

The testimony revealed that the accused, a married father, made contact with Gisèle Pelicot’s then husband, Dominique Pelicot, in an digital platform titled “without her knowledge”, where Pelicot was recruiting men to come to his home to rape his wife once he had rendered her unconscious into a comatose state.

We trust the panel will say loud and clear that in this country, human rights are also rights of women – that agreement is individual, not delegated,” declared Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained directly and not by proxy from a husband.”

Context

Dominique Pelicot, a notorious sexual predators in recent French history, was sentenced to two decades in prison last year for drugging his then wife and soliciting numerous individuals to rape her in her home in the Provence village of the village of Mazan over a span of nearly ten years of their marriage.

Fifty other men were found convicted in a high-profile trial last year, and the appellant was the sole individual to appeal against his verdict. He was originally handed a term to 9 years in prison, a penalty enhanced on Thursday to ten years.

The state's attorney, the prosecutor, had argued he should serve 12 years, because he “completely denies to take any accountability”.

Testimony and Proof

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

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

The trial became a focus point for a broader debate on societal attitudes in society as the defendant continued to say he was blameless and had not engaged in violation, stating that because the victim's husband had allowed him into the bedroom, his conduct had been justifiable.

The jury in the Nîmes appeals court was displayed recorded footage of Gisèle Pelicot’s unresponsive form, comatose and snoring in a unconscious condition, while a smiling the perpetrator committed rape repeatedly over a period of what investigators stated was several hours. The presiding judge said she had been at danger of fatal outcome by suffocation. The state's case said there was absolute certainty that she had been unaware and had not consented.

Accused's Testimony

Dogan informed the court the recordings were simply “intimate moments” and disputed it was violation. He said what he did was “a consensual activity”, not assault. He told the court: “I am innocent of assault.” He said Gisèle Pelicot’s husband had allowed him to the home, and therefore it was permissible. He said he was influenced by Dominique Pelicot. “I attempted to cease,” Dogan told the court. “I proceeded because he persuaded me.”

Inquired if he wanted to make a closing remarks to the court, the defendant said: “I had no desire to hurt that woman.”

Survivor's Statement

Gisèle Pelicot, who was supported upon leaving court each day by onlookers present to back her, addressed Dogan in court: “You fail to comprehend. When will you acknowledge you violated me? It’s a crime to assault an unaware woman. How could I have give you consent? Never.”

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

State's Argument

The prosecutor, addressing the victim in court, said the defendant's unwillingness to take accountability showed that: “Guilt has not shifted. Society is possibly in the midst of that, maybe motivated by the societal understanding resulting from the publication of your situation.”

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: “Now we must change the culture of violence to a ethos of permission.”

The prosecutor addressed the defendant: “As long as you reject it, it’s not just a woman, it’s an complete disturbing cultural framework that you are endorsing.”

Defendant's Background

Dogan was born in the country of Turkey and at the age of five moved to the nation of France, where his father worked as a concierge. The court heard that his parent was abusive and that Dogan began consuming marijuana aged ten. When he was 17 he was caught by authorities for dealing drugs and his parent evicted him the residence. He spent time in prison for narcotics offenses in his young adulthood and had worked as a laborer but had experienced periods of living on the streets.

He was wed and had a child with Down’s syndrome, who he was the primary guardian for, as his wife worked in a institution's dining hall. The evidence showed his spouse did not know he had frequent sexual encounters outside their union. His defence said this was his strategy for managing with his challenging existence. The defendant had informed a court psychologist that each year he sought transactional encounters on his birthday. His legal representatives stated to the court he had arthritis caused by the pressure of the initial proceedings.