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A defendant was declared guilty on higher court review of sexually assaulting Gisèle Pelicot after she was rendered comatose by her then-husband – and was given his prison sentence increased to 10 years.

Higher Court Case

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

A jury of five men and four women, joined by three judges, convicted Dogan on Thursday of raping the victim in her home in Provence in the early hours of June 29, 2019.

The evidence showed that Dogan, a married father, reached out to the victim's spouse, Dominique Pelicot, in an online chatroom titled “unbeknownst to her”, where Pelicot was recruiting men to enter his residence to assault his wife once he had drugged her into a deep sleep.

“We hope the panel will say loud and clear that in this country, human rights are also rights of women – that permission is individual, not transferred,” stated Gisèle Pelicot’s lawyer, her legal representative. “Permission is obtained personally and not via a representative from a spouse.”

Background

The husband, among the most severe sex offenders in France's contemporary records, was given a prison term to twenty years in prison last year for sedating his wife at the time and soliciting dozens of men to sexually assault her in her home in the Provence village of the village of Mazan over a duration of many years of their union.

Dozens of additional defendants were found convicted in a notable trial last year, and Dogan was the sole individual to challenge his verdict. He was first sentenced to nine years in prison, a penalty increased on Thursday to 10 years.

The chief prosecutor, Dominique Sie, had stated he should serve twelve years, because he “completely denies to take any blame”.

Testimony and Proof

The defendant had initially sent the husband inappropriate pictures and then driven an hour from his town in Provence to rape the victim, after informing his wife he was stepping out, the evidence indicated.

Pelicot, who was brought from segregation in prison to temporarily provide testimony at the hearing, stated to the court that the accused had known his wife had been “drugged” and he said to men by phone: “I want someone to assault my wife after I’ve put her to sleep unbeknownst to her.”

The trial became a focus point for a broader debate on sexual violence norms in society as the defendant continued to assert he was blameless and had not engaged in violation, stating that because the victim's husband had welcomed him into the residence, his actions had been permissible.

The jury in the higher court was shown visual proof of Gisèle Pelicot’s unconscious figure, comatose and snoring in a unconscious condition, while a smiling Dogan performed assault on several occasions over a timeframe of what police said was several hours. The court official said she had been at risk of fatal outcome by choking. The prosecution said there was no question that she had been incapacitated and had not agreed.

Accused's Testimony

Dogan stated to the court the videos were simply “intimate moments” and denied it was rape. He said what he did was “a consensual activity”, not assault. He stated the court: “I did not commit rape.” He said Gisèle Pelicot’s husband had allowed him to the residence, and therefore it was OK. He said he was manipulated by the husband. “I tried to halt,” Dogan stated to the court. “I proceeded because he reassured me.”

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

Pelicot's Words

The survivor, who was cheered upon leaving court each day by supporters gathered to stand with her, addressed the defendant in court: “You fail to comprehend. When will you admit you violated me? It is illegal to assault an unconscious woman. How could I have give you agreement? Never.”

The victim, seventy-two, became an international feminist hero after she gave up her right to confidentiality in the trial last year when she said: “The shame should shift.”

Legal Commentary

The prosecutor, addressing the victim in court, said the defendant's failure to take accountability showed that: “The shame remains. Society is perhaps in the midst of that, maybe propelled by the societal understanding resulting from the exposure of your ordeal.”

The prosecutor said Dogan’s claims of blamelessness showed how societal tolerance was still prevalent in society as part of “old-fashioned” forms of “male domination”. He said: “We need to change rape culture to a ethos of permission.”

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

Defendant's Background

The accused was originated from Turkey and at the age of five came to the nation of France, where his parent worked as a caretaker. The testimony revealed that his father was aggressive and that Dogan began smoking cannabis aged 10. When Dogan was seventeen he was apprehended by authorities for selling narcotics and his parent kicked him out of home. He was incarcerated 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 wed and had a child with a genetic condition, who he was the principal carer for, as his spouse worked in a school canteen. The testimony revealed his spouse did not know he had frequent intimate relations outside their marriage. His legal team said this was his strategy for managing with his stressful life. The defendant had informed a evaluator that once a year he looked for paid sex on his birthday. His legal representatives told the court he had a medical condition resulting from the pressure of the original case.